Consolidated Spec Proceedings Notes Final PDF

Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan
CONSOLIDATED NOTES in SPECIAL PROCEEDINGS

Notes by: Paul Lemuel E. Chavez
SPECIAL PROCEEDINGS NOTES apply

suppletory
Preminary Considerations May involve Involves the Involves 2 or
only one party State against more parties
Special Proceedings the accused
Initiated by Initiated by Initiated by
- Defined by R1 S4 as a remedy by which a petition complaint (but complaint
party seeks to establish a status, a right, or filed in court
by
a particular fact Information)
- Except Based on an Based on a
Habeas act or cause of
1970 Bar: Distinguish Special Proceedings from Corpus, NOT omission action
Criminal Procedure and Ordinary Civil Action based on a punishable by
cause of law
action
Special Criminal Ordinary

Proceedings Procedure Civil Action
A remedy by The State A party sues Sources of Special Proceedings:
which a party prosecutes a another for
seeks to person for an the - R72-109
establish a act or enforcement - 1987 Constitution
status, a right, omission or protection - RA7160 Katarungang Pambarangay Law
or a particular punishable by of a right, or
fact law the prevention - BP 129 or the Judiciary Reorganization Act
or redress of a of 1980
A proceeding wrong - RA 7691 or An Act Expanding the
wherein a Jurisdiction of the MTC (particularly those
person is
with respect to gross estate of the
prosecuted by
the State for deceased)
acts or - A8 S5 P5, 1985 Constitution
omissions - Administrative Circulars issued by SC
committed in o AM 3-2-5- Guardianship of Minors
violation of
penal laws, o AM 3-4-4- Custody of Minors/HC
and to impose o AM 8-1-16- Habeas Data
the o AM 7-9-12- Amparo
corresponding - RA 9048 or Correction of Entries in the Civil
penalty
Registry
provided for
by penal laws - RA 8042
Governed by Governed by Governed by - Jurisprudence
special rules, the Revised the rules for - RA 9262
and in the Rules of ordinary civil
absence of Criminal actions
special Procedure CONSTITUTIONAL PROVISIONS RELATING TO
provisions,
the rules SPECIAL PROCEEDINGS
provided for
in ordinary A3 S1
actions shall
be, as far as
practicable,
No person shall be deprived of life, liberty, or The Supreme Court may review, in an appropriate
property without due process of law, nor shall any proceeding filed by any citizen, the sufficiency of the
person be denied the equal protection of the laws. factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
within 30 days from its filing.
A8 S1
Judicial Power shall be vested in 1 Supreme Court

and in all other courts as may be established by law. A8 S2
The Congress shall have the power to define,

prescribe, and apportion the jurisdiction of the
Judicial Power includes the duty of the courts to
various courts but may not deprive the Supreme
settle actual controversies involving rights which are
Court of its jurisdiction over cases enumerated in
legally demandable or enforceable, and to
Section 5 thereof
determine whether or not there is grave abuse of
discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the
government. No law shall be passed reorganizing the judiciary
when it undermines the security of tenure of its
members.
A8 S5 P5
The Supreme Court shall promulgate rules A8 S5

concerning the protection and enforcement of
constitutional rights, pleading, practice, and The Supreme Court shall have the following powers:
procedure in all courts, the admission to the practice
of law, the IBP, and legal assistance to the
underprivileged. Such rules shall provide a simplified
1. exercise original jurisdiction over cases
and inexpensive procedure for the speedy affecting ambassadors, public ministers and
disposition of cases, shall be uniform for all courts of consuls, and over petitions for certiorari,
the same grade, and shall not diminish, increase, or prohibition, mandamus, quo warranto and
modify substantive rights. Rules of procedure of habeas corpus
special courts and quasi judicial bodies shall remain
effective unless disapproved by the Supreme Court.
2. review, revise, reverse, modify, or affirm on
appeal or certiorari, as the law or the rules
of court may provide, final judgments and
A6 S30 orders of lower courts in:
No law shall be passed increasing the appellate

a. all cases in which the
jurisdiction of the Supreme Court as provided in this
constitutionality or validity of any
Constitution without its advice and concurrence. treaty, international or executive
agreement, law, presidential
decree, proclamation, order,
instruction, ordinance, or
A7 S18 P3 regulation is in question
All persons, except those charged with offenses

punishable by reclusion perpetua when evidence of
b. all cases involving the legality of guilt is strong, shall, before conviction, be bailable on
any tax, impost, assessment, or
recognizance as may be provided by law. The right
toll, or any penalty imposed in
relation thereto to bail shall not be impaired even when the privilege
of the writ of habeas corpus is suspended. Excessive
bail shall not be required. [?])
c. All cases in which the jurisdiction
of the lower court is in issue
A3 S15
d. All criminal cases in which the
penalty involved is reclusion The privilege of the writ of habeas corpus shall not
perpetua or higher be suspended except in cases of invasion or rebellion
or when public safety requires it.
e. All cases in which only an error or A15 S1

question of law is involved
The state recognizes the Filipino Family as the
foundation of the nation. Accordingly, it shall
strengthen its solidarity and actively promote its
(Others) : total development.
A2 S11 A15 S2
The state values the dignity of every human person Marriage, as an inviolable social institution, is the
and guarantees full respect for human rights. foundation of the family and shall be protected by
the State.
A2 S12
A15 S3
The state recognizes the sanctity of the family and
shall protect and strengthen the family as a basic The State shall defend:
autonomous social institution. It shall equally
protect the life of the mother and the life of the
unborn from conception. The natural and primary 1. the rights of spouses to found a family in
right and duty of parents in the rearing of the youth accordance with their religious convictions
for civic efficiency and moral character shall receive and the demand of responsible parenthood
the support of the government.
2. rights of children to assistance including

proper care and nutrition, and special
(A3 S13 protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions
prejudicial to their development.
10. Writ of habeas data

11. Correction of clerical errors
A15 S4 12. Proceeding allowing illegitimate children to
use the surname of their father
The family has the duty to care for its elderly
13. Declaration of nullity or annulment of
members but the state may also do so through just
marriage
program of social security.
14. Declaration of legal separation
15. Commitment of children
What are the special proceedings?
R72 S1- SEGTARHHCVJCDC Why?
1. Settlement of estate of deceased persons Because these are proceedings tending to establish a
2. Escheat status, a right, or a particular fact
3. Guardianship and custody of minors
4. Trustees
5. Adoption Nature of Special Proceedings:
6. Rescission and revocation of adoption
7. Hospitalization of insane persons IN REM!
8. Habeas corpus
9. Change of name - Binding upon the whole world
10. Voluntary dissolution of corporations o Note that most special proceedings
11. Judicial approval of voluntary recognition of require publication
minor natural children
Note further that Special Proceedings are not Special
12. Constitution of the family home
Civil Actions, though both are governed by own rules
13. Declaration of absence and death
14. Cancellation of correction of entries in the Special Proceedings are governed by own rules,
civil registry EXCEPT:
EXCLUSIVE?! NO!!! - When there are no applicable provisions in

the rules, rules on Civil Procedure /
Certain proceedings not mentioned are considered
Ordinary Civil Actions apply only in a
as special proceedings, such as:
suppletory character
1. Declaration of presumptive death
2. Annulment / nullity of marriage
3. Naturalization proceedings What rule governs special proceedings?
4. Liquidation proceedings
5. Corporate rehabilitation Rule 72-109, Rules of Court
6. Recognition and enforcement of arbitration
Exception:
proceedings
7. Vacation, setting aside, correction or R72 S2
modification of an arbitral award
8. Any application with a court for arbitration In the absence of special provisions, the rules
assistance and supervision provided for in ordinary civil actions shall be, as far
9. Writ of amparo as practicable, applicable in special proceedings
(aka Rules on Ordinary Civil Actions apply Settlement of Estate of the Deceased, being
suppletorily to Special Proceedings) adversarial in character, is demurrer to evidence
allowed?
- Special Proceedings has its own rules, if
there are no applicable provisions, apply YES!!!
Rules on Ordinary Civil Actions
Basis: Rule 72 S2, the rules on civil procedure apply
to special proceedings in a suppletory character.
What are those specific provisions in Civil
Procedure which also apply to special proceedings?
1. Rule 4- Rules on Venue Jurisdiction
Can the RTC-Manila entertain petition for probate - Power or authority of the court to hear,
of the will if the deceased died in Quezon City? decide a case, and implement its decisions
YES!!! Because the rules on venue can be waived. IF the court has no jurisdiction over special
Failure to object to improper venue is tantamount to proceedings,
waiver.
- Motion to dismiss can be filed for lack of
(Special Proceedings in relation to Rule 4) jurisdiction over the subject matter
o Note, however, that the dismissal
is without prejudice
2. Rule 7 S1- Parts of a Pleading What then will be your remedy?
Note that all of special proceedings are commenced Refile the petition, as provided for in Rule 16
by way of petition
A petition is a pleading
Can the court dismiss the petition motu proprio for
Hence, the need to comply with Sections 4 and 5 of lack of certification against forum shopping?
Rule 7
NO!!!
- Verification
- Certification against non forum shopping A motion to that effect needs to be filed, for failure
to comply with condition precedent
Basis: Rule 72 S2
(S)
3. Rule 16- Motion to Dismiss
SETTLEMENT OF THE ESTATE OF THE DECEASED
YES! (RULE 73-90)
Basis: Rule 72 S2 What is ESTATE?
An estate is an artificial being created by operation

of law which will undertake distribution of
4. R33- Demurrer to Evidence
properties left by the deceased.
- Distribution, disposition, management of If the gross value of estate of the deceased does not
properties left by deceased exceed 300k OMM or 400k MM, MTC / MuTC /
- Being a juridical being, it can sue and be MCTC, MuTC in Cities has jurisdiction
sued
o Juridical being with entity separate
and distinct from the decedent
1997 Bar: The gross estate of the deceased is 200k,
the property is in Pampanga. Determine the
jurisdiction and the venue.
RA7160- Barangay Conciliation Law / Katarungang
Pambarangay Because the gross value of the estate of the
deceased does not exceed 300k OMM, MTC has
For purposes of settlement of estate of the jurisdiction (Basis: BP 129 as amended by RA 7691)
deceased, there is no need to refer the case to the
Katarungang Barangay first! (vda de Borromeo vs Note however, that when it comes to venue, the
Pogoy) question is misleading (Property located in
Pampanga).
Juridical persons such as estate are not covered by
Barangay Conciliation proceedings. To answer the question, here goes: As to venue, my
answer would depend on whether the decedent is a
NOTE: Trusteeship and Guardianship does not need resident or non-resident of the Philippines. If the
to pass Barangay decedent is a resident of the Philippines, whether a
citizen or an alien, the venue shall be the last actual
residence of decedent. If the decedent is a non-
resident, venue shall be the place where the estate /
SETTLEMENT OF ESTATE OF THE DECEASED
property is located. Hence, in the case at bar, if
Definition: decedent is a resident, the venue shall be the actual
residence of the deceased (pwede Pampanga,
Settlement of Estate of the Deceased is a conciliation pwede hindi, depende sa facts), but if a non-
proceeding where the property of the deceased resident, then Pampanga is the proper venue
would be distributed pursuant to the provisions of because that is where his estate is located.
law or the will of the decedent.
If filed in the court not with jurisdiction, file motion

Personal and Real- Totality of Estate of to dismiss on the ground of lack of jurisdiction over
Deceased (GROSS VALUE- value before deductions) the subject matter
Jurisdiction (BP129 RA7691): Depends upon the Venue:

gross value of the estate of the deceased—value of
the estate prior to deductions of debts, etc R73 S1
If the gross value of the estate of the deceased If the decedent is:
exceeds 300k OMM or 400k MM, RTC has
- an inhabitant of the Philippines at the time
jurisdiction
of his death,
o whether a citizen or an alien,
ß his will shall be proved, f. Publication in a newspaper of general

ß or letters of circulation once a week for 3 consecutive
administration granted, weeks
ß and his estate settled,
in the COURT in the province in which he resides at Note: In the 2006 Bar Examinations, in legal forms
the time of his death, and practical exercises, this question was asked:
Prepare a Draft of Adjudication of Sole Heirship
and if he is an inhabitant of a foreign country, To answer, follow the contents of Rule 74, in a
PUBLIC INSTRUMENT
- the court of any province in which he had
estate.
What is a NEWSPAPER OF GENERAL CIRCULATION?

NOTE: Venue is WAIVABLE
(Basa vs Mercado)
1. Made within the Court’s Jurisdiction

Modes of Settlement of Estate of the deceased:
1. JUDICIAL or EXTRAJUDICIAL
2. Published at regular intervals for
- Judicial- with court intervention determination of news and general
- Extrajudicial- without court intervention information
2. PROBATE or NON PROBATE

- Probate- there is a need to prove the will, 3. with bona fide subscription list of paying
subscribers
judicially (or administratively)?
- No need to prove will / intestate testate
succession 4. not devoted to the interest of a particular
class
Kinds of Settlement of Estate of the Deceased: Once a week for 3 consecutive weeks- NOT
NECESSARILY 21 days, rather, it is once a week, 3
A. Adjudication of Sole Heirship (R74 S1)
weeks consecutively- THIS IS WHAT CONFERS
JURISDICTION UPON THE COURT
- Extrajudicial settlement, non-probate
- Adjudicated unto himself the entire estate
Requirements: Remedies of those aggrieved by extrajudicial

settlement:
a. No will / intestate
b. No outstanding debts - within 2 years, file a claim against the bond
c. One surviving heir / sole heir or the real estate
d. Affidavit of adjudication of sole heirship - rescission in case of preterition of
filed in Office of Register of Deeds compulsory heir tainted with Bad Faith
e. File bond equivalent to the value of - reconveyance of real property
personal property or lien in favour of - action to annul deed of EJ settlement on
creditors in case of real property the ground of fraud
- reconveyance based on implied or f. Publication once a week for 3 consecutive

constructive trust weeks in a newspaper of general circulation
- ordinary action against distributees, but not g. Bond in case of personal property left by
against the bond decedent who will answer for claim of those
unduly deprived
When there are 2 or more Heirs, h. Registration of said affidavit of agreement
B. Extrajudicial Settlement of Estate of the
Deceased (R74 S1)
Protections accorded to those unduly deprived:
Done by means of CONTRACT between the surviving
heirs a. Publication
b. Bond- can go after it
EXTRAJUDICIAL SETTLEMENT OF ESTATE OF THE c. File petition for surrender of your share as
DECEASED far as estate of deceased is concerned
Know all men by these presents:
----------------------------- C. Settlement of Estate of the Deceased of

Small Value
-----------------------------
Property: a. Gross value of estate of the deceased does

not exceed 10k
No............. b. Summary judicial adjudication
c. Applies to testate or intestate
d. Available even if there are debts
S1 to S4 R74 e. Filed by petition containing allegations of
gross value of estate upon hearing not less
- 2 years for those unduly deprived of the than 1 months nor higher than 3 months
estate to file... from the date of last publication or notice
f. Publication in a newspaper of general
circulation once a week for 3 consecutive
- Minors represented by Guardian ad litem weeks
for purposes of distribution g. Notice to interested persons
o Subject to Rule 74 S4, after h. Filing of a bond in an amount fixed by court
settlement and distribution i. Court order is recorded in the Office of the
Clerk of court
j. Order of partition or award is recorded in
the proper Registry Office
Requirements: (R74 S1)
Before, filed with RTC of last residence
a. Decedent died intestate
b. No outstanding debts But NOW, due to amendments brought by RA 7691,
c. Heirs are all of age, or if minors, are jurisdiction is now with MTC- PURSUANT to the RULE
properly represented ON SMALL CLAIMS (Summary)
d. Public instrument (notarized contract)
e. Registration with registry of deeds where Publication- 5k
property is located
Lawyer- 5k Venue- last residence of decedent, or if a non

resident, then where estate may be found
Appearance fee- 2k
Last Residence- actual residence
- Parang kulang pa?!
- Kung san permanent
- No 2 residences at the same time
Liabilities of Distributees of Estate (Rule 74 S4) Nature of Probate Proceedings:

- Heir or other person unduly deprived of a. IN REM- binds whole world, publication as a
lawful participation in the estate requirement
- Outstanding debts which have not been
paid Why the need to probate will?
- Heir or other person is unlawfully deprived
of lawful participation payable in money - For reasons of public policy
o R75 S1, stating that no will shall
pass either real or personal
property unless it is proved and
Properties subject to settlement of estate of the allowed in the proper court
deceased:
IF you divide a property outside of probate
proceedings, and there is a will, the division is VOID
REAL AND PERSONAL PROPERTY
- Real property- A415, NCC b. Imprescriptible

- Personal property- A416-417, NCC
o Movables In case of intestate estate proceedings, partition,
o Credits basta kapag may lumabas na nag-iwan pala ng last
o Bonds will and testament ang decedent, then the probate
o Deposits proceedings shall prevail, and the former shall be
held in abeyance
Settlement of Estate of the Deceased

What is a WILL?
1. Probate of the will- with will
- Formal written disposition of a person
- With necessity of proving, imprescriptible allowing for the distribution of his
properties and rights according to his
2. Intestate Estate Proceedings- without will intention, to take effect after his death
Jurisdiction- depends on the gross value of the

estate of the deceased
Understand the concept in relation to the following:
Exceeds 300k OMM 400k MM- RTC
- Declaratory relief
Does not exceed 300k OMM 400k MM- MTC
- Parol evidence rule
o Includes WILLS- the will itself only

is the one available, no
modification as far as real estate is
concerned
- Names, ages, residents of heirs, devisees,
legatees
Probate of a will - Probative value and character of the estate
- Name of the person for whom letters are
2 kinds of Will prayed
- Name of the person having custody of the
1. Notarial Will will if not yet delivered to the court
2. Holographic Will
V. Court to fix time and place for proving
Obligation of executor to deliver the same 20 days
the will
after such death
If he refuses, administrator with a will annexed shall VI. Notice to be published 3 weeks
be appointed successively (76 3)
(NOTE: NCC provisions) VII. Notice for time and place for proving
the will to heirs, legatees, devisees of
Hence, failure to comply with NCC requirement is a
testator, executor if not the petitioner,
ground for disallowance of a will
co executors not petitioning 20 days
Example: when executed and attested not in before hearing by mail or 10 days by
conformity of the requisites provided for by law personal service
VIII. Prove Due execution of the Will
PROCEDURAL REQUIREMENTS: - The will was executed in compliance with

formalities
I. Custodian to deliver the will to the
court within 20 days after knowing of
- Testator was of sound and disposing mind
testator’s death (75 2)
at the time of making the will
II. 20 days after knowledge of death or
- No vitiation of consent by duress, fear,
knowledge of being named executor,
threats
executor to present will to the court
having jurisdiction (75 3)
- Not procured by undue and improper
influence or pressure on the part of the
III. Petition for allowance filed (76 1) – see
beneficiary or of some other person for his
below, WHO MAY FILE
benefit
IV. Contents of Petition: (76 2)
- Signature of testator is genuine, not
procured by fraud or trick, testator
- Jurisdictional facts
intended that what he signed is his last will

and testatement in the absence of such witness, and if the court
deems necessary, expert witness may be resorted
to
IX. Hearing under the following rules: (see:
Rule 76)
Contested notarial will
Uncontested notarial will
- All subscribing witnesses plus notary public
- At least one subscribing witness to testify
- If absent, sufficiently show as far by
that the will is executed as required by law
testimony
The testimony of at least 1 subscribing witness only - If all are dead, etc, other witness or expert
if such witness testifies that the will is executed as witness may be availed or presented
is required by law (Expert witness as exception to opinion Rule
under Rule 130)
when none of the subscribing witnesses resides in
the province but the deposition of one or more of all subscribing witnesses and the notary public, if
them can be taken elsewhere, the court may, on present in the Philippines and not insane, must be
motion, direct it to be taken, and may authorize a produced and examined, and the death, absence,
photographic copy of the will to be made and to be or insanity of any one of them must be shown to
presented to the witnesses on his examination, the court
who may be asked the same questions with respect
to it, and to the handwriting of the testator and if all or some of the witnesses are present in the
others, as would be pertinent and competent if the Philippines but outside the province where the will
original will were present has been filed, their deposition must be taken
- Outside province, deposition (R76 S7) if any or all of the witnesses testify against the due
execution of the will or do not remember having
if the subscribing witnesses are dead, insane, or attested to it, or are of doubtful credibility, the will
none of them resides in the Philippines, the court may be allowed if the court is satisfied from the
may admit the testimony of other witnesses to testimony of other witnesses and all the evidence
prove the sanity of the testator and the due presented that the will was executed and attested
execution of the will. And as evidence of execution in the manner required by law
of the will, it may admit proof of the handwriting of
the testator and of the subscribing witnesses or of
any of them Contested holographic will
- 3 witnesses who knows the handwriting

- Dead, etc, other witnesses can testify (R76 and signature of testator
S8) o IMPT: prove signature- or else,
ground for disallowance of a will
Uncontested holographic will
- If none, expert testimony may be taken
- 1 subscribing witness who knows the
Hence, pag 2 lang, e di petition denied!
handwriting and signature of testator
- If none, expert testimony may be taken allowed if at least 3 witnesses who know the
handwriting of the testator explicitly declare that
at least 1 witness who knows the handwriting and the will and the signature are in the handwriting of
signature of the testator explicitly declare that the the testator
signature and the will are in the testator’s
handwriting
in the absence of any competent witness, and if the 4. Determine and rule upon issues relating to
court deems it necessary, expert testimony may be settlement of the estate, such as
resorted to administration, liquidation, and distribution
of the estate
5. Determine the following:
a. Who are the heirs of decedent
Notarial Will b. Recognition of a natural child
c. Validity of disinheritance effected
- With attestation clause by testator
o Non compliance therewith, patay d. Status of a woman who claims to
ka... may problema ka sa petition be the lawful wife of decedent
e. Validity of waiver of hereditary
heirs
Who may file petition for probate of a will? f. Status of each heir
g. Whatever property in the
1. Testator himself (in case of ante mortem inventory is conjugal or exclusive
probate) property of deceased spouse
2. Executor h. Matters incidental or collateral to
3. Devisee the settlement and distribution of
4. Legatee the estate
5. Any person interested in a will
6. Any creditor
Filed before MTC or RTC As a general rule, the probate court has no
power to determine issues of ownership,
IF testator is the one who filed, what is the except: (non conclusive/Disputable Presumption
quantum of proof required? under Rule 131)
- Testimony niya? a. For including property in inventory

o Pwede without prejudice to final
determination in a separate action
b. When all parties are heirs and they
If a will is probated, it is valid as far as due execution submit issue of ownership to the
is concerned. probate court provided that the
rights of the parties are not
Once a decision is made, it is conclusive, and can no prejudiced
longer be questioned c. Question is one of collation or
advancement
d. When the parties consent to
assumption of jurisdiction by the
What are the powers of the probate court?
probate court and the rights of
1. Distribute shares third parties are not impaired
2. Determine who are the legal heirs
To Determine the following questions:
3. Issue warrants and processes to secure
attendance of witnesses a. Who are the heirs of decedent
b. Recognition of a natural child
c. Validity of disinheritance effected by or fraudulently destroyed during the

testator lifetime of testator without his knowledge
d. Status of a woman who claims to be the
lawful wife of decedent 3. Its provisions are clearly and distinctly
e. Validity of waiver of hereditary heirs proved by at least 2 credible witnesses
f. Status of each heir
g. Whatever property in the inventory is
conjugal or exclusive property of deceased
How to / Who can prove due execution, genuiness?
spouse
h. Matters incidental or collateral to the Pursuant to rules of evidence:
settlement and distribution of the estate
1. By persons or witnesses present when
executed
Grounds for disallowance of a will (important:

2. By notary public
lumalabas sa Bar):
Rule 76 S9 3. By any person present during execution of

the will
1. if the will is not executed and attested as
required by law
2. if the testator is insane or otherwise
NOTE that proving lost or destroyed will is exception
mentally incapable to make a will
to best evidence rule
3. if the will was executed under duress or
under the influence of fear or threats - Lost or destroyed will in accordance with
4. if the will was procured by undue and R130 S3, prohibiting presentation of
improper influence, on the part of the secondary evidence
beneficiary or of some other person for his
benefit
5. if the signature of the testator was A petition for probate of a will is an initiatory
procured by fraud or trick, and he did not pleading
intend that the instrument should be his
If the parties subsequently file a petition for letters
will at the time of fixing his signature
testamentary or of administration, is it considered
as initiatory pleading?
In case of lost or destroyed will, no probate, except NO! It is considered as continuation of probate of a
as provided in R76 S6: (note this, lumalabas to sa will, hence, there is no need for petition against non
bar) – SECONDARY EVIDENCE as exception to the forum shopping
Best Evidence Rule
1. Execution and validity of the will by the

Is oral partition valid between surviving heirs?
testator be established
As amongst the heirs, valid amongst themselves.
2. That the will is proven to have been in But in order to bind third persons, for purposes of
existence at the time of the death of registration, the partition must be in a public
testator or is shown to have been accidently
instrument to be valid as to registration. If not in a REPROBATE OF A WILL (note: lumalabas to sa bar)

public instrument, then not valid as to registration.
Rule 77
- Will probated abroad is not automatically

Probate of a will, allowed in the Philippines
o Hence, the need for petition for
- There is need for appointment of executor, reprobate of a will
if with a will
- If no will, then administrator How to prove?
Can there be administrator in case there is a will? - Copy of the will duly probated by court of
competent jurisdiction in the foreign
YES! country
In 2 instances:
- Duly allege the law on probate proceedings
- When executor refused to accept the trust, in the foreign country, allege in the body of
or the petition for reprobate, duly
- The executor is disqualified authenticated
Called, ADMINISTRATOR WITH A WILL ANNEXED Requisites:
1. Due execution of the will in accordance

with foreign laws
Who can be appointed executor or administrator?
2. Testator is domiciled in a foreign country
Order of preference in appointment of regular
administrator or executor:
3. Will is admitted to probate in such country
1. Surviving spouse
2. Next of kin 4. Foreign court or tribunal is a probate court
3. Any person interested in the will, or
creditor 5. Law of the foreign country on procedure
4. Any person the court may appoint and allowance of the will
R77 in relation to Rule 39 S48 (Effect of foreign

judgment) and Processual Presumption
Remedies in case of adverse decisions in:
A probate of will abroad is considered as foreign
Appointment of regular administrator- APPEAL judgment, hence, the need for petition for reprobate
to be considered binding and enforceable upon our
- Because appointment is final and executory courts
Appointment of special administrator- CERTIORARI
RULE 65
Requisites to be appointed:
- Because appointment is interlocutory in
character EXECUTOR: (Rule 78 S4)
- Named in the will

- The will is proved and allowed decision is final and executory, hence, APPEAL is the
- Testator is competent, accepts the trust, proper remedy
and gives bond
1. Minor
ADMINISTRATOR (Rule 79 S2)
2. Non resident
- Competent
- Appointed by the court 3. One who in the opinion of the court is
- Files petition for letters of administration unable to exercise the duties of a trust by
o Jurisdictional facts reason of:
o Names, ages, residences of heirs, a. Drunkenness
creditors b. Improvidence
o Probative value and character of c. Want of understanding
the estate d. Want of integrity
o Name of person for whom letters e. Conviction of an offense involving
are prayed moral turpitude
Powers of E or RA (R84 S1-3) So, lasenggo- disqualified
- Have access to, examine and take copies of Drug addict- disqualified (Bakit? Hmmm... pwedeng
books and papers relating to partnership in pumasok to sa improvidence ah... )
case of deceased partner
Convicted of dishonesty, or with issues about it-
- Examine and make invoices of property disqualified
belonging to the partnership in case of
deceased partner Convicted of crime INVOLVING MORAL TURPITUDE
What is moral turpitude?

- Maintain in tenantable repairs, houses,
other structures and fences and deliver the - an act of baseness, vileness, depravity in
same in such repair to heirs or devisees the private and social duties which a man
when instructed to do so by the court owes his fellow men, to society in general,
contrary to the accepted and customary
rule of right and duty between man and
- Make improvement on properties under
woman or conduct contrary to justice,
administration with necessary court
honesty, modesty, or good morals (Herrera,
approval except for necessary repairs p.81)
o basta act contrary to justice,
- Possess and manage the estate when honesty, modesty, or good morals
necessary for payment of debts, for
payment of expenses of administration What are crimes involving moral turpitude?
HINDI LAHAT AH!

As far as Executor or REGULAR ADMINISTRATOR is
Key: basta may PANLOLOKONG INVOLVED (kasi to be
concerned (N/A to special administrator, who are
Executor or Administrator, involves position of trust
disqualified to serve as such? (R78 S1)
and confidence)
To question, file comment or opposition to the
1. estafa
petition, if denied, then as far as they are concerned,
2. falsification of public documents (in case of opposition on appointment/appointment

3. perjury of special administrator, if denied, certiorari is
proper remedy, because order of appointment is
Rape? NO!!!! Ano bang kinalaman ng rape sa interlocutory [R65 rel to R41 S1])
pagiging executor or administrator ng estate????!!!
NOTE HOWEVER, na above disqualifications apply

only to appointment of REGULAR ADMINISTRATOR, Powers of SA: (80 2)
not to appointment of special administrator.
- possess and charge of goods, chattels,
rights, credits, estate
Removal of Executor or Administrator, GROUNDS: - preserve the properties

(Rule 82 S2)
- commence and maintain suits
- neglect to render accounts within 1 year

- sell only perishable properties or properties
and when required by the court
ordered sold by court
- neglect to settle the estate according to the

- pay debts only as may be ordered by the
Rules
court
- neglect to perform order or judgment of

- submit inventory and render accounting
the court or duty provided by Rules of Court
- absconding
Requisites in case of Executor or Administrator:
- insanity, incapability, or unsuitability of
discharging trust 1. File Bond- required
NOT ABSOLUTE!
Other grounds: Is there any instance when executor or

administrator is exempt from filing bond?
1. Death
2. Resignation, etc YES!
- When provided by testator in his last will

Special Administrator and testament that filing of bond is not
needed
Instances when appointed:
1. delay in appointment of executor or

administrator Executor or administrator was appointed, here
comes heir, now, can the heir file petition for
2. delay in appeals in main case appointment of his person as administrator?
NO!!!! Unless there is ground for removal of

3. when the executor or regular administrator
executor or administrator, di pwede basta mag file
is claimant of the estate he represents
yung heir ng petition for his appointment as 1. When executor is cross examined on those
administrator matters
In case of Adverse Decision- appeal from the order Principle of Dead Man’s Statute (Rule 130 S23)-
of appointment (pag regular administrator) reason for disqualification
REQUISITES (Rule 130 S23):
Rule 83 INVENTORIES - Witness is a

o party or
To be made within not mandatory period of 3 mos o assignor of a party
from the grant of letters testamentary or letters of ß to a case of persons in
administration (S1) whose behalf a case is
prosecuted
Articles not subject: (S2)
1. wearing apparel of surviving - action is against

spouse and minor children o executor or
2. marriage bed and bedding o administrator or
3. provisions and other articles as will o other representative of deceased
necessarily be consumed in person or
subsistence of the family of the o person of unsound mind
deceased
- subject matter of the action is
o claim or
o demand against
Question on rentals. Can it be filed by mere
ß estate of deceased person
motion?
or
NO!!! Executor or administrator must file action ß against person of unsound
against lessee by way of independent action mind
- because property is not yet included in - testimony refers to

estate of deceased o any matter of fact which occurred
rd
o Reason why file a claim against 3 before the death of such deceased
person by Executor or person or before such person of
Administrator unsound mind
Rationale: declarant cannot be cross examined, lips

are sealed forever by death
Can Executor or Administrator be made to testify to
those matters relating to executor by deceased Purpose: designed to close lips of party plaintiff
before his death? when death permanently closed lips of party
defendant in order to remove from surviving party
(Related to Rules on Evidence) the temptation to give false testimony and
possibility of fictitious claims against deceased
NO!!!! Because disqualified to testify
NOTE: Waivable
Except:
If testified to, with right to cross examine
If not, then waived Specific claims against estate (Rule 86 S5):
- For recovery of money not secured by him
Principle of Statute of Non Claims - Money claims, debts insured by decedent

during lifetime arising from contract
- Claim by a person against the estate of
express or implied, due or not due,
deceased which should be made not less
contingent or not
than 6 months nor more than 12 months
since first publication of allowance of the
- Claims for funeral expenses
will
o Letters testamentary issued, first
- Claims for last illness
publication
- Judgment of money against decedent
After such order, allow claimants to file, or else, - Claims for taxes
barred forever, EXCEPT:
- Absolute claims
- Belated claims (not claim not filed within
original period fixed by court, extended for
- Contingent claims
not higher than 1 month from order
allowing belated claims)
Question regarding the person who died in

accident, while yung nabangga niya suffered
Claims against the Estate: (relate to Rule 3 S16, Rule
injuries. What is the remedy of the latter?
3 S20—if dismissed, file under Rule 86)
File suit for damages, contingent claim against the
1. Claim which survives death
estate para not barred by statute of non claims
a. Arising from contract, express or
implied
b. Note S20 R3 in relation to Special
Proceedings How to file claim against estate: (Rule 86 S9)
c. May be claimed against estate of
1. File claim before clerk of court, supported
the deceased
by vouchers, receipts, judgment of the case
2. Funeral expenses
3. Expenses for last illness of decedent
2. Serve copy thereof on executor or
4. R111 S4- death after arraignment
administrator
(interrelate the aforesaid provisions)
a. Aka LIABILITY ARISING FROM
3. Duly supported by affidavit stating amount
DELICT
due and fact of no offsets
Criminal action- impliedly instituted civil action (Rule
87 in relation to Rule 111, death before 4. If claim is not due or contingent,
arraignment/after arraignment) accompanied by affidavit stating particulars
Note in relation to R68 aka Foreclosure of mortgage

- Foreclose
- Contingent claim
Remedies of Mortgagee after death of mortgagor o Both must be present to be able to
(Rule 86 S7): claim deficiency
o Pay wala, wala!
3 remedies, avail 1, exclude others na
ß Pag foreclose lang
1. Abandon or waive the security and ß Pag contingent claim lang
prosecute his claim against the estate and
share in the general distribution of the
assets of the estate Actions against Estate of the deceased (87 S1)
2. Foreclose his mortgage or realize upon his - To recover real property or interest therein
security by action in court making the from the estate
executor or administrator a party defendant
and if there is a claim for deficiency, he may - To enforce lien
file a contingent claim against the estate
within the statute of non claims - Recovery of damages for injury to petitioner
or property
3. Rely solely on the mortgage and foreclose
the same at any time within the period of - For revival of money judgment
the statute of limitations but he cannot be
admitted as creditor and shall not receive in - Actions for causes which survive
the distribution of the other assets of the
estate
How to file? Requirements (Rule 87 S10)
In short,
- Deficiency of assets in hands of E or A
1. Abandon mortgage, prosecute claim against
estate - Deceased had made or attempted to make
fraudulent conveyance
2. Rely solely on mortgage and foreclose any
time within period of statute of limitations - Subject to would be liable to attachment on
his lifetime
3. Foreclose mortgage, file contingent claim
against estate of deceased to be able to - E or A showed no desire to file action or fail
claim deficiency to institute the same within a reasonable
a. Pag foreclose lang, and no time
contingent claim
i. BARRED FROM CLAIMING - With leave of court
DEFICIENCY! – dapat,
foreclose plus file - Bond filed
contingent claim to be
entitled to deficiency - Action in the name of executor or
administrator
Hence, look at the problem:

Actions to be filed by executor or administrator - Notice with the purpose of notifying

against third person for estate of deceased: subsequent buyers in case of title to or
possession of real property
- Person suspected of having conveyed
property, ask third person to appear before
it and examine him (87 6)
Is notice of lis pendens needed to secure?
- To recover property, rights, interests, debts,
NO NEED!!!
where there is deficiency or assets in the
hands of E or A (87 9) - Property is already included in the
settlement, secured by probate court
- Ask third person with portion of estate of
deceased to render full accounting of
money, goods, chattel, etc
Sale, Encumbrance of Property of Estate: (Rule 89)-
(no property of estate may be sold without court

Conditions for payment of Claims (Rule 88) approval)
- Order by court of sale or exchange, 1. Petition before the court by E or A

proceeds to satisfy debts and expenses
2. Notice to heirs, devisees, legatees
- Exhaust personal property of deceased,
then the realty, in the following instances: 3. Court approval of sale of property of estate
a. Pag wala, bawal
o Personal estate not sufficient for
Hence, Executor or Administrator cannot just enter
that purpose
into compromise agreements
o Sale of personalty to the detriment
of participants 4. Court order to sell realty to pay debts and
legacies
Case filed against Executor or administrator in

another court, and without consent of the probate NOTE: Creditors can stop the sale by giving bond
court, the executor or administrator entered into fixed by the court to pay debts and legacies
compromise agreement. Pwede?
When sale of property of decedent may be
NO!!! effected/instances/requirements: (Rule 89)
- File claim against estate of deceased muna, - Personal estate (S1)

and that is the only time that the o Pay debts and expenses of
compromise can be approved by the administration
probate court o Pay legacies
o Cover expenses for preservation of
the estate
Notice of lis pendens
- Real Estate (S2)
o Personal estate insufficient to pay (E)

obligations
o Sale of personal estate may injure ESCHEAT (Rule 91)
business
o Testator has not made sufficient
provisions for payment of debts, What is escheat?
legacies, expenses
o Deceased is under contract to - Proceedings whereby a decedent who died
deed real property to beneficiaries intestate (without will), and without heirs,
but left property, the latter shall become
- (S4) property of the estate upon his death
o When beneficial to heirs, devisees,
legatees, interested persons
o Estate of deceased in foreign Is it the same as reversion (R91 S5)?
country is not sufficient to pay
debts and expenses - NO
o The essence, however, is the same,
- (S6) but, reversion is filed by state to
o Estate acquired on execution or recover property of a person
foreclosure sale when beneficial to unlawfully acquired in violation of
heirs, devisees, legatees, other the Constitution, AMLA, Plunder
interested persons Law, or the Anti Graft law
R91 S1- escheat
Executor or administrator, in case of sale, is By verified petition filed by Sol Gen or

required to file written petition setting forth: (R89 Representative, stating the ff matters:
S7)
- Decedent died intestate
- Debts due from settlement - No heirs or persons by law entitled to the
- Expenses of administration same
- Legacies - Decedent left real or personal properties
- Value of personal estate - Decedent is a resident of the province of
- Situation of estate last residence or if a non resident, has
- Other facts showing sale as necessary or property in the court’s jurisdiction
beneficial
Rule 91 S2
Requirement for advanced distribution of property: Hearing to be conducted not higher than 6 months
from entry of order, copy of order to be published
Rule 90 S1 once a week for 6 consecutive weeks in a newspaper
of general circulation
Distributee to give bond conditioned for payment of
debts, funeral expenses, expenses for Rule 91 S3
administration, allowance of widow, inheritance tax
Effects of declaration of Escheat:
Resident decedent
- Personal estate to be assigned to

municipality or city of last residence
- Real estate to be assigned to municipality or (G)
city where it may be found
GUARDIANSHIP
Non resident decedent
(Rules 92-97, Guardianship of Incompetents; AM 3-
- Whole estate to be assigned to municipality 2-5, Guardianship of Minors)
or city where found, for benefit of public
schools and charitable institutions and
centers in said cities or municipalities What is guardianship?
- Special proceeding whereby the property of

NOTE: Expropriation- different from escheat and the ward is administered by a person
revesion (See notes on civil procedure) appointed by the court
Guardian
Jurisdiction / Venue of Escheat proceedings: - A person appointed by court or by law to

administer the property of the ward
RTC or MTC (depends upon gross value of the estate)
of the place where the decedent last resided before
his death or if a non resident, where his estate is
situated (Rule 91 S1) Jurisdiction and Venue:
In case of Guardianship of minor: (AM 3-2-5 S3)
Escheat Expropriation Reversion - Family Court where the minor actually

Decedent died Payment of just Concerns resides or where the property situated if
without a will, compensation property for non-resident minor (in relation to RA 8369
no heirs, but public use
with property aka Family Courts Act of 1997)
In case of Guardianship of incompetent: (Rule 92 S1)

Remedies of heir unlawfully deprived (file within 5
- RTC of the place of residence of
years from judgment or else, forever barred):
incompetent person or if a resident of a
1. Recover the properties escheated from the foreign country, where the property or
city or municipality portion thereof is situated
2. Recover proceeds of the sale of the
Who may petition for guardianship?
property from the city or municipality (if
sold by the city or municipality) In case of minor: (for purpose of managing affairs or
properties)
S2, AM 03-02-05-SC
In case of adverse decision on escheat, Remedy:
1. Relative
- APPEAL (Record on Appeal 30 days- relate
to Rules 40 and 41)
- Parent
- Guardian
- Brother or sister Who are minors? Incompetents?
2. Other person in behalf of minor Minors:
Any person below 18 years of age

- Actual custodian
Incompetents:
3. Minor himself, if he is 14 years of age or
over - Suffering from civil interdiction
In case of incompetent: - Hospitalized lepers
Rule 93 S1 (if incompetent is a resident)

- Prodigals
1. Relative
2. Friend - Deaf and dumb who are unable to read and
3. Other person in behalf of an incompetent write
who has no parents or lawful guardian
4. Secretary of Health in case of insane person - Of unsound mind, even though with lucid
who should be hospitalized or in favour of interval
an isolated leper
- Not of unsound mind, but by reason of age,
Rule 93 S6 (if incompetent is a non resident) disease, weak mind, other similar diseases,
cannot take care of the property without
1. Relative outside aid, becoming an easy prey to
2. Friend of such person deceit and exploitation
3. Any person interested in his estate, in
expectancy or otherwise
4. Secretary of Health in case of insane minor Who can be guardians of a minor?
who needs to be hospitalized
(S16, Rules on Guardianship of minors)
- Parents
Note that pursuant to the Domestic Adoption Act (S7
DAA), the ward may be adopted by the Guardian - Surviving grandparents or if several, court
after termination of Guardianship to select taking into account all relevant
considerations
- Oldest brother or sister,

Kinds of Guardians
1. Natural Guardian- parents of ward - Actual custodian,
2. Guardian ad litem- appointed for specific o In the latter 2, higher than 21 y o,

purpose unless unfit or disqualified
3. Judicial Guardian- appointed to manage - Any other person the court may deem
affairs or properties of the ward sufficient
Duties of a guardian: o If beneficial to ward, order sale,

proceeds for maintenance of ward
- Give bond and family
- Render inventory o Specify cause why sale is
- Faithfully execute duties of trust beneficial, order estate to be sold
- Render accounting of estate and interests at private or public sale
- Settle debts - Original bond to stand as security for
- Deliver estate, effects, moneys to persons property appropriated with proceeds, but
lawfully entitled thereto judge may require additional bond as
- Perform all orders of the court required by condition for granting proceeds of the sale
him to be performed - Court to invest proceeds of sales and
- Care and custody of ward, management of encumbrances
estate, or both
- Pay debts of ward out of personal property
or income of real property
- Settle all accounts, sue for, receive debts Grounds for termination of Guardianship:
with court approval
(S25- Minors)
- Appear for and represent ward in all actions
and special proceedings - Ward has come of age,
- Manage estate of ward without waste,
apply income and profits for best interests - Ward died
of the ward
- If income is insufficient for purposes, sell or (97 1- Incompetents)
encumber real estate when authorized by
- Competency of ward is judicially
court to do so, apply proceeds for
determined
maintenance of the ward
- Guardianship is no longer necessary
Requirements for sale or disposition of properties - Death of guardian

of the ward:
- Death of ward
AM 3-2-5 (minors); Rule 95 (incompetents)
- Verified petition stating:

o Income of estate sufficient for Grounds for removal/resignation of guardian:
maintenance of ward
o For benefit of ward that real estate (S24- Minors; (97 2-Incompetents)
be sold and proceeds used
- Guardian becomes insane, or otherwise
- If sale beneficial to ward, court to order
incapable of discharging his trust
next of kin and other persons to appear and
show cause why prayer should not be
- Guardian becomes unsuitable
granted
- Hearing of proofs and allegations, refuse or
- Wasted or mismanaged ward’s properties
grant prayer
- Failed to render accounting or make a - In case of children below 7 years old,

return for 30 days when due custody must be given to the mother except
if the mother is unfit because of immorality
Remedies in case of mismanagement of properties:
(S24- Minor; 97 2- Incompetent) Who may file petition for custody of minors?
- Ask court for removal of guardian S2, AM 03-04-04-SC
- Require guardian to surrender properties of Any person claiming such right, such as:
ward to person lawfully entitled thereto
(S13)
- Ward can ask for resignation of guardian 1. Both parents jointly

2. Either parent, taking into account all
relevant considerations, especially the
choice of the minor over 7 years of age and
of sufficient discernment, unless the parent
CUSTODY OF MINORS IN RELATION TO HABEAS chosen is unfit
CORPUS
3. Grandparent, or if several grandparents,
AM 3-4-4-SC grandparent chosen by the minor over 7
years of age and of sufficient discernment,
unless the grandparent chosen is unfit or
The remedy of Habeas Corpus is available in issues disqualified
regarding as to who between 2 persons (usually,
spouses) is entitled to have custody over a child 4. Eldest brother or sister over 21 years of age,
unless he or she is unfit or disqualified
- File habeas corpus in such case 5. Actual custodian of the minor over 21 years
of age, unless the former is unfit or
Distinguish this from Rule 102, because in Custody of disqualified
Minors in relation to habeas corpus, the issue is
specific, while Habeas Corpus under Rule 102 6. Any other person or institution the court
extends to all cases of illegal confinement may deem suitable to provide proper care
and guidance for the minor
Jurisdiction/Venue: (S3)
Grounds for denial of Petition:
Family Court of the place where the minor resides
- Existing threat or danger of physical,
(NOTE: Can also be filed with MTC, RTC, CA, SC [?])
mental, sexual, emotional violations
- Prejudicial to health, safety, welfare

Mother and grandparents, or husband and wife.
Who has better right to custody of the child? - Petitioner with history of child or spousal
abuse
- Habitual alcoholism or drug addiction

Trust
- Marital misconduct
- A confidence imposed in one person, called
the trustee, for the benefit of another,
- Unfitness of petitioner called the cestui que trust, with respect to
property held by the former for the benefit
of the latter
o Will by trustor- trustee to hold
Protection orders: property for beneficiary
ß WILL- LWT, written
(S17) requiring any person, document
1. To stay away from home, school, business

or place of employment of the minor, other Here, there is trustor, trustee, beneficiary, the
parent, or any other party, or from any trustee to perform acts in the will of the trustor for
other specific place designated by the court the beneficiary
2. To cease and desist from harassing,
intimidating, or threatening such minor or Jurisdiction/Venue:
the other parent or any person to whom
(Rule 98 S1)
custody of the minor is awarded
3. To refrain from acts of commission or MTC or RTC depending on the gross value of the
omission that create an unreasonable risk estate of the place where the will is probated, or if a
to the health, safety, or welfare of the non-resident, where the estate is found
minor
4. To permit a parent, or a party entitled to
visitation by a court order or a separation
Elements constituting a Trust:
agreement, to visit the minor at stated
periods (De Leon, p. 664)
5. To permit a designated party to enter the
1. Competent trustor and trustee
residence during a specified period of time
2. Ascertainable trust res
in order to take personal belongings not 3. Sufficiently certain beneficiaries
contested in a proceeding pending with the
Family Court
6. To comply with such orders as are
Requisites for trusteeship:
necessary for the protection of the minor
1. Trust reposed between trustor and trustee
(include those provisional remedies under Rules 57-
2. With sufficiently certain beneficiaries
61 of the Rules of Court)
3. Trust res / subject matter
4. Act to be performed by trustee
5. Beneficiary
(T) 6. Work of trustor creating trusteeship
TRUSTEESHIP Illustration: father (trustor) deposits money for son

in bank, bank being the trustee. Bank cannot release
(Rule 98) the proceeds to the son (beneficiary) the money
until he turns 20 years old.
o EXCEPT:
ß If adopter is biological
parent of adoptee
ß If adopter is the spouse of
(A)
the adoptive parent
ADOPTION - In a position to support and care for his or
her children in keeping with the means of
(RA 8552- DAA; RA8043- ICAA; AM 2-6-2- Rules on the family
Adoption)
2. Alien
Adoption
- Possessing the same qualifications as
- A juridical act, proceeding in rem, which
Filipino nationals
creates between 2 persons a relationship
- His or her country has diplomatic relations
similar to that which results from legitimate
with the Republic of the Philippines
paternity and filiation
- Living in the Philippines for at least 3
Kinds of adoption: continuous years prior to the filing of the
petition for adoption and maintains such
1. Domestic Adoption (governed by RA 8552) residence until the adoption decree is
2. Inter Country Adoption (governed by RA entered
8043) o EXCEPT:
ß If adopter is former
Jurisdiction / Venue
Filipino citizen seeking to
th
1. DA- Family court where the adoptive adopt relative within 4
parents reside civil degree of
2. ICA- ICAB or the Family Court where the consanguinity or affinity
minor resides ß Adopter seeks to adopt LC
of Filipino spouse
Married to Filipino citizen and seeks to adopt

Who may adopt? Requirements? Who may be jointly with his or her spouse a relative within
th
adopted? the 4 civil degree of consanguinity or affinit5y
of Filipino spouse
DAA
- Certified by his or her diplomatic or
1. Filipino Citizen consular office or any appropriate agency
that he or she has legal capacity to adopt in
- Of legal age his or her country
- In possession of full civil capacity and legal o EXCEPT:
rights ß If adopter is former
- Of good moral character Filipino citizen seeking to
- Not convicted of any crime involving moral adopt relative within 4
th
turpitude civil degree of

- Emotionally and psychologically capable of consanguinity or affinity
caring for children ß Adopter seeks to adopt LC
- At least 16 years older than adoptee of Filipino spouse
ß Married to Filipino citizen - In a position to provide the proper care and

and seeks to adopt jointly support to give the necessary moral values
with his or her spouse a and example to all his children including the
th
relative within the 4 civil child to be adopted
degree of consanguinity
or affinit5y of Filipino - Agrees to uphold basic rights of the child as
spouse embodied under Philippine laws, UN
- His or her government allows the adoptee Convention on the Rights of the Child, and
to enter his or her country as his or her to abide by the rules and regulations issued
adopted son or daughter to implement the provisions of this Act
3. Guardian - Comes from a country with whom the

Philippines has diplomatic relations, and
- With respect to ward after termination of whose government maintains a similarly
guardianship and clearance of his or her authorized and accredited agency and that
financial accountabilities adoption is allowed under his or her
national laws
- Possesses all the qualifications and none of

ICAA
the disqualifications provided therein and in
1. Alien permanently residing abroad other applicable Philippine laws
2. Filipino citizen permanently residing abroad
- At least 27 years of age and at least 16 Who may be adopted?

years older than child to be adopted at the
time of the application unless DAA
o Adopter is parent by nature of
child to be adopted 1. Any person below 18 years of age who has
been administratively and judicially
- If married, his or her spouse must jointly file declared available for adoption
for the adoption
2. Legitimate son or daughter of one spouse
- Has capacity to act and assume all rights by the other spouse
and responsibilities of parental authority
under his national laws and has undergone 3. Illegitimate son or daughter by a qualified
appropriate counselling from an accredited adopter to improve his or her status to that
counsellor in his or her country of legitimacy
- Not convicted of crime involving moral 4. Person of legal age if, prior to the adoption,
turpitude said person has consistently been
considered and treated by the adopters as
- Is eligible to adopt under his or her national his or her own child since minority
law
5. Child whose adoption has been previously
rescinded
6. Child whose biological or adoptive parents period of at least 6 continuous months and
died, provided, that no proceedings shall be has been judicially declared as such
initiated within 6 months from time of
death of said parents
Neglected Child- iniiwan sa bahay bahay, sa tapat ng
gate (unsure if pertaining to this or to abandoned
child)
ICAA
- a child whose basic needs have been
1. Only a legally free child deliberately not attended to or inadequately
attended to, physically or emotionally, by
his parents or guardian
Notes:
Voluntarily committed child
Correction of simulated birth may be filed
simultaneously with petition for adoption - a child whose parents knowingly and
willingly relinquish parental authority over
him in favour of the Department
Simulated Birth (note: crime to)

Involuntarily committed child- mga asa Boys’
o Sa certificate of live birth, inilagay, Town
hindi ang biological parents
- Hence, in correction of simulated birth, - a child whose parents, known or unknown,
have been permanently and judicially
make the corrections deprived of parental authority over him due
to abandonment; substantial, continuous, or
Same is true with change of name which can also be repeated neglect and abuse; or incompetence
filed simultaneously with petition for adoption. to discharge parental authorities
Who are the following? Dependent Child
Abandoned Child - one who is without a parent, guardian, or

custodian or one whose parents, guardian, or
Neglected Child other custodian for good cause desires to be
relieved of his care and custody and is
Voluntarily Committed Child dependent upon the public for support
Involuntarily Committed Child
Dependent Child Effect of adoption decree:
- Adoptee will use surname of adoptive

Section 3 of the Rules on Adoption (AM 02-06-02) parents
provides for the following definitions: - Entitle adoptee to successional rights,
equivalent to legitimate child
Abandoned Child
- Grant adoptee rights and privileges of
- a child who has no proper parental care or legitimate child
guardianship or whose parents, guardian, or
whose parents have deserted him for a
IF adoption is rescinded (see below), then revert Annexes to petition for ICA:
back to old status before adoption decree
- Written and officially translated in English:
1. Birth certificate of petitioner

Abandoned / Neglected Child
2. Marriage contract, or, if not married
- Before, file petition for declaration of
anymore, divorce decree or judgment
abandonment
dissolving the marriage
- Ngayon, declaration of abandonment
together with adoption may be filed in one
3. Sworn statement of consent of petitioner’s
petition
biological or adopted children under 10
years of age
NOTE that in adoption: BEST INTERESTS / WELFARE 4. Physical, medical, psychological evaluation
OF THE CHILD of petitioner duly certified by duly licensed
physician and psychologist
Petitioner needs to prove he is physically, mentally,
5. ITR or any document showing current
financially capable to adopt
financial capability of petitioner
A person of legal age can be adopted
6. Police clearance of petitioner issued within
In case of adoption of minor, 6 months following filing of petition
- Biological parent to issue affidavit of 7. Character reference from local church /

consent without which the petition for minister, petitioner’s employer and a
adoption shall not be allowed member of the immediate community who
- Can also join in petition for adoption, have known petitioner for at least 5 years
petition for change of name designated by
minor, using surname of adoptive parents— 8. Full body postcard size pictures of
state in the petition petitioner and his immediate family taken
at least 6 months before the filing of the
petition
Inter Country Adoption
- Important that there be diplomatic ties

between the 2 countries, or else, petition
cannot be granted
(R)
RESCISSION/REVOCATION OF ADOPTION
ICAB
(RA 8552- DAA)
- Under the Office of the President / DSWD
Grounds:
o Asa Legarda / Mendiola, Manila
1. Repeated physical or verbal maltreatment
by adopter despite having undergone
counselling
2. Attempt on life of adoptee

What then can be the remedy of adoptive parents?
3. Sexual assault or violence on the adoptee
Disinherit the adoptee
4. Abandonment or failure to comply with

parental obligations
(H)
Jurisdiction / Venue:
HOSPITALIZATION OF INSANE PERSONS
Family Court which rendered decree of adoption
(Rule 101)
Who may file? (ONLY the ADOPTEE)

(pag nakakita kayo ng tumatawa mag isa at walang
- Adoptee above 18 y o dahilan, alam nyo na ang gagawin)
- If a minor, with DSWD assistance
- If higher than 18, but incapacitated, assisted
by guardian or counsel
Jurisdiction / venue:
RTC of the place where the insane may be found

When filed?
Within 5 years after reaching age of majority or if

incapacitated at the time of adoption, within 5 years Who may file?
after recovering from the incompetency
Regional Director of DOH
Effects of Rescission or Revocation of Adoption:

Hospitalization of Physical and Mental
Insane Persons examination of persons
1. Reinstate former name or surname
Governed by Rule 101 Governed by Rule 28
2. Reinstate former succession rights Special proceeding Mode of discovery
3. All rights and privileges granted by adoption File a petition File a motion
will be removed Filed by Regional Any party may avail of
4. Paternity and filiation relationship created Director of DOH
between adopter and adoptee shall likewise
be removed In hospitalization of insane, walang issue, sira ulo
lang talaga; sa PME, issue is such PME
Can adoptive parents file for rescission of

adoption? Insane Person
NO! Because adoption is for the best interests of the - A person whose condition of the mind is so
adoptee impaired in function or so deranged as to
induce a deviation from normal conduct of CONSTITUTIONAL BASIS:

the person so afflicted
A8 S5 P5
The Supreme Court shall promulgate rules

Effect of granting petition: concerning the protection and enforcement of
constitutional rights, pleading, practice, and
R101 S3 procedure in all courts, the admission to the practice
Upon satisfactory proof, in open court on the date of law, the IBP, and legal assistance to the
fixed in the order, that the commitment applied for underprivileged. Such rules shall provide a simplified
is for the public welfare or for the welfare of the and inexpensive procedure for the speedy
insane person, and that his relatives are unable for disposition of cases, shall be uniform for all courts of
any reason to take proper custody and care for him, the same grade, and shall not diminish, increase, or
- The court shall order his commitment to modify substantive rights. Rules of procedure of
such hospital or other place for the insane special courts and quasi judicial bodies shall remain
as may be recommended by the Director of effective unless disapproved by the Supreme Court.
Health
- The court shall make proper provisions for A3 S15
the custody of property or money belonging
to the insane until a guardian be properly The privilege of the writ of habeas corpus shall not
appointed be suspended except in cases of invasion or rebellion
or when public safety requires it.
A7 S18 P3
Adverse decision, remedy:
The Supreme Court may review, in an appropriate
- Record of appeal within 30 days from notice
proceeding filed by any citizen, the sufficiency of the
of judgment or final order
factual basis of the proclamation of martial law or
the suspension of the privilege of the writ or the
extension thereof, and must promulgate its decision
within 30 days from its filing.
(H)
HABEAS CORPUS Habeas Corpus/Writ of Habeas Corpus:
(Rule 102) Habeas Corpus
- is a Latin phrase which literally means, “you

+
have the body” (Festin, Special Proceedings,
p. 146)
WRIT OF AMPARO
(AM 7-9-12-SC)
What is WRIT OF HABEAS CORPUS?
+
- Bouvier’s Law Dictionary defined it as a
WRIT OF HABEAS DATA writ directed to the person detaining another
and commanding him to produce the body
(AM 8-1-16-SC) of the prisoner at a certain time and place,
with the day and cause of his caption and
detention, to do, submit to, and receive

whatsoever the court or judge awarding the
writ shall consider in that behalf. (Beda When can the writ of habeas corpus not be issued?
Memory Aid in Remedial Law, p. 172)
1. When detained under lawful cause
JURISDICTION/VENUE of HABEAS CORPUS: 2. In case of invasion or rebellion or when

public safety requires it, under A3 S15 of
- RTC of the place where the detained is 1987 Constitution
committed
- *MTC (see above venue) in the event of 3. When in case of invasion or rebellion, when
absence of all RTC Judges in the place, or if public safety requires it, for a period not
there is no RTC in that place exceeding 60 days, under A7 S18, 1987
o In the above 2, enforceable only Constitution
within their respective territorial
jurisdictions 4. If jurisdiction of the court to try the person
o Returnable in RTC detained appears after the writ is allowed
- CA 5. If the person is in custody of an officer

- Supreme Court under process issued by a court or by virtue
o In the higher 2 courts, enforceable of a judgment or order of a court of record
throughout the Phils which has jurisdiction to issue the process,
o Returnable in CA, SC, any justice or render the judgment, or make the order
in RTC
6. If the person is charged or convicted of an
- Sandiganbayan offense in the Philippines
o Person detaining is a public official
7. If the person is suffering imprisonment
under lawful judgment
8. In case of 3 day detention of a suspect for 3

Note the distinctions between the HC, Amparo, days without charge, pursuant to S18 of
Data! (2009 Bar) RA93712 aka Human Security Act
(SEE ATTACMENTS) 9. When person is serving final sentence

imposed by court
Writ of Habeas Corpus, under Rule 102, applies to

all kinds of illegal restraint (ACTUAL RESTRAINT) Note that writ of Habeas Corpus is a kind of
amparo—amparo libertad
1. Illegal detention (detention without cause)
2. Detention under invalid law - Because it is for the protection of personal
3. Service of sentence in excess of what the freedom / constitutional right against illegal
law imposes confinement
(Differentiate from AM 3-4-4)

Amparo / Writ of Amparo (as differentiated from

writ of Habeas Corpus as amparo) - Amparo for the protection of personal
freedoms, equivalent to the writ of habeas
- The constitutional remedy in case of corpus
violation or attempted violation to right to
life, liberty, security, committed by public 2. Amparo Contra Leyes / Constitutionality
official or employee, or a private individual Amparo
or entity
- Amparo for the judicial review of
constitutionality of statutes
Habeas Data 3. Amparo Casacion / Judicial Amparo
- Constitutional remedy against violation of

- Amparo for the judicial review of the
right to life, liberty, or property of a person, constitutionality of a judicial decisions made
committed by person or government official by courts
tasked with collection of information or
data 4. Amparo administrativo / Administrative
Amparo
- Amparo for the judicial review of

Remedy in case of adverse decision in Habeas
administrative decisions made by
Corpus
administrative bodies
Appeal within 48 HOURS!!!
5. Amparo Agrario / Agrarian Amparo
Note that regarding this matter, originally, the Rules
of Court says nothing. In the subsequent case of Hui - Amparo for the protection of peasants’
vs Rodriguez, the period became 15 days from notice rights derived from the agrarian reform laws
of judgment. But in a SC resolution dated January / processes
21, 2001, Rule 41 S3 was amended, and the 48 hour
period was stated.
Origin of amparo: Yucatan, Mexico, 1941 (“to
NOTE: Even if there is defect in form and substance
protect” as stated in the Mexican Constitution)
in petition for habeas corpus, OK LANG... because
life, liberty is at stake Mexico, 1941
Stated in the Mexican Constitution, which means “to

protect”
Remedy in case of adverse decision in writ of
amparo / writ of habeas data
Petition for review under Rule 45 raising questions Petition for writ of amparo:
of fact or questions of law, within 5 working days
Requirements:
S5- Contents of the petition

What are the kinds of amparo?
The petition shall be signed and verified and shall
1. Amparo Libertad / Liberty Amparo allege the following:
a. The personal circumstances of petitioner The petition may include a general prayer for just
and equitable reliefs.
b. Name and personal circumstances of the
respondent responsible for the threat, act,
or omission, or,
Habeas data
a. if the name is unknown or
uncertain, - Information or data written, tends to
i. the respondent may be threaten violation of constitutional right to
described by an assumed life, liberty or property, and may be ordered
appellation destroyed by the court
c. The right to
a. life,
b. liberty, Protection orders / interim reliefs in writ of
c. and security amparo:
i. of an aggrieved party
violated or threatened 1. Temporary Protection order
with violation by
1. an unlawful act
2. Inspection order (to inspect premises
or omission of
relative to extrajudicial killings and enforced
the respondent,
and disappearances )
how such threat or violation is committed with the 3. Production order (to produce documents
attendant circumstances detailed in supporting related to extrajudicial killing and enforced
affidavits
disappearance)
d. The investigation conducted, if any, 4. Witness protection order

a. specifying the
i. names,
ii. personal circumstances,
and Writ of amparo is not a substitute for lost appeal or
iii. addresses of the certiorari
investigating authority or
individuals, as well as - Dapat, there is violation or threat of
iv. the manner and conduct violation to life, liberty, security, as was
of the investigation, ruled in Masangkay vs AFP Chief of Staff
together with any report
e. The actions and recourses taken by the

petitioner A group of squatters live in land occupied by X. X
a. to determine the fate or
filed ejectment suit against them for illegal
whereabouts of the aggrieved
possession of property. The decision became final
party and
b. the identity of the person and executory. X applied for writ of demolition
responsible for the threat, act, or from the court, which was granted. The squatters
omission, and filed writ of amparo, alleging threatened violation
of their right to security. Are they correct?
f. The relief prayed for
NO!!! As was ruled in Masangkay vs AFP Chief of If the clerk of court did not immediately issue writ of
Staff, writ of amparo is not a substitute for lost amparo, pwede siya ma-contempt
appeal or certiorari. Hence, the squatters should
have filed appeal of adverse decision with the proper
court.
Prohibited Pleadings under Writ of Amparo/Habeas
Data:
Peremptory writ of Preliminary citation (S11- Amparo; S13- Data)

habeas corpus / writ of
habeas corpus The following pleadings and motions are prohibited:
Writ addressed to a Order of court directing
person in custody or person in custody of
detaining another to another to show cause a. Motion to dismiss
produce the body of the why the writ of habeas
prisoner at a certain time corpus should not issue
b. Motion for extension of time to file
and place designated
therein Here, the arrest is not return, opposition, affidavit,
illegal position paper, and other
Here, the arrest is (may pleadings
be) illegal (most likely)
c. Dilatory motion for postponement
Preliminary Citation
d. Motion for a bill of particulars
- a citation issued by the court to the
government officer having the person in his e. Counterclaim or cross claim
custody to show cause why the writ of
habeas corpus should not issue
o The issuance of preliminary f. Third party complaint
citation arises in instances when the
said person is detained under g. Reply
governmental authority and the
illegality of his detention is not
h. Motion to declare respondent in
patent from the petition for the
writ. default
i. Intervention
Further notes:
j. Memorandum
Pag hindi pwede ang writ of habeas corpus, go with
amparo k. Motion for reconsideration of
interlocutory orders or interim
If there is a pending criminal case, you can file relief orders and
amparo with the same criminal case
l. Petition for certiorari, mandamus,
72-hour rule (NOTE)
or prohibition against any
If not extrajudicial, not enforced disappearance, will interlocutory order
amparo apply? (MAY RECENT CASE DITO)
(FOR FURTHER DISTINCTIONS, see
attachments/tables)
6. When surname causes embarrassment, and

there is no showing that the desired change
of name is for fraudulent purpose or would
prejudice public interest
Note that the Change of Name should not be for the

(C)
purpose of circumventing liability.
CHANGE OF NAME (Rule 103)
+
Change of Name Correction of Entry
Rule 103 Rule 108
(C)
CANCELLATION OR CORRECTION OF ENTRIES IN THE

CIVIL REGISTRY (Rule 108)
Note that under Rule 108, what is sought to be
+
corrected in the Civil Registry is not the name,
CLERICAL ERROR ACT (RA 9048) except that if what is sought to be corrected is first
name or nickname, the governing rule is the Clerical
Error Act or RA9048, by filing affidavit with the Civil
Registry where registered, and if residing abroad,
(For further distinctions, see attachment) before the nearest Philippine consulate.
Rule 103 RA 9048

Judicial administrative
Change of Name
- Filed with RTC where petitioner resides

Rule 108 RA 9048
Substantial changes for Clerical errors in entry,
Grounds: correction of entries in plus change of first name
the Civil Register or nickname
1. Name is ridiculous, tainted with dishonour,
extremely difficult to write or pronounce
2. Consequence of change of status, such as in

legitimation or adoption (or revocation of Rule 108 was applied in the case of RP vs
adoption to revert back to original name) Cagandahan and Silverio vs Republic
3. Having continuously used and been known

since childhood by a Filipino name, unaware In Silverio vs Republic, Rommel had sex change due
of alien parentage to sex change / operation, he sought to change
name from Rommel to a female name, and wanted
4. Sincere desire to adopt a Filipino name to sex reassignment from male to female, so he filed
erase signs of former parentage, all in good for change of name under RA 9048 and correction of
faith and without prejudicing anybody entries in the civil register. (BAWAL under RA9048)
5. Necessity to avoid confusion - The SC denied it

o Sex reassignment- bawal
ß No law allows it 13. judicial determination of filiation

st
ß Change of 1 name not 14. voluntary emancipation of minor
st
falling under the grounds 15. change of name (1 name / nickname under
in RA 9048 RA9048)
These are substantial entries, which can be changed

upon good and valid grounds by way of petition.
However, in the Cagandahan case, Jennifer
Cagandahan had 2 sex organs, male and female, Jurisdiction / Venue: RTC where Civil Register is
even hormones niya dalawa. So, she sought change Located (Rule 108)
of name from Jennifer to Jeff and her sex from
female to male.
- The SC allowed it NOTE:

- By nature, she had 2 sexes, both male and
Principle of Sexual Reassignment (Silverio Case)
female,
o Hence, she should not be deprived
of right to choose whether to be a
man or a woman, because it was
there by nature
Change of name from Jennifer to Jeff- governed by

Principle of Intersex (Cagandahan Case)
RA9048
Change of sex from female to male- governed by

R108
However, even with RA 9048, the court is not

divested with right to entertain petition for
correction of entries with respect to substantial
corrections
Grounds for correction of entries under R108:
1. Births
2. Marriages
3. Deaths
(SEE ATTACHMENT FOR FURTHER DISTINCTIONS on
4. Legal separations
103, 108, 9048)
5. Judgment of annulment of marriage
6. Judgment declaring marriage void ab initio
7. Legitimations
8. Adoptions
9. Acknowledgment of natural children
10. Naturalization
11. Election, loss, recovery of citizenship
12. civil interdiction
(V)
VOLUNTARY DISSOLUTION OF CORPORATIONS
(Now governed by CORPORATION CODE, S118-119,

BP68)
The provisions of the Rules of Court regarding this is

repealed by the provisions of the Corporation Code
Contemplates different modes in different

situations: With Creditors OR Without Creditors
Modes:
1. Derivative suit
- Suit filed by minority stockholders for and in
behalf of the corporation
2. Shortening lifetime of the corporation by

amendment of the Articles of Incorporation
3. Quo Warranto
4. Dissolution of de facto corporation not

registered with SEC- (administrative)
(J)
JUDICIAL DECLARATION OF MINOR NATURAL

CHILDREN
(NOW governed by FAMILY CODE)
This provision no longer applies now, because of the

Family Code providing that there are only 3 kinds of
children:
o Legitimate children
o Illegitimate children
o Legitimated children
ß Legitimate and
legitimated children,
under rules of succession,
are entitled to
successional rights, being
st
the 1 in priority
ß Illegitimate children are
entitled to ½ of that to be
inherited by legitimate
children and legitimated
children
Legitimated- parents are not married, without legal

impediment, if they become married, you become
legitimated
Provided, after August 3, 1988 (effectivity of the

Family Code)
revert back to owner of

the Family Home
(C)
Instances when is Family Home not exempt from
CONSTITUTION OF THE FAMILY HOME execution, forced sale, attachment:
(post-Aug 3, 1988- FAMILY CODE; before, Rule 106) 1. Non-payment of taxes
2. Debts incurred prior to the constitution of

FAMILY HOME the Family Home
- Actual residence of spouses or head of the 3. For debts incurred by mortgages on the
family and their beneficiaries premises, before or after such constitution
There is no need to constitute Family Home judicially

4. For debts due to labourers, mechanics,
- The Family Code states that a Family Home architects, builders, materialsmen, and
is constituted automatically once they others who have rendered service or
reside there, provided, furnished material for the construction of
o That the question given in the facts the building
of the case does not provide for
constitution prior to August 3,
1988 (effectivity of Family Code) Can the family home be subject to partition?
ß If so, then there is a need
to constitute it judicially As long as there is minor beneificiary residing in the
ß But beyond August 3, Family Home after the death of the spouses, the
1988, deemed constituted family home cannot be subject to partition
from the time it is
occupied as family
residence A152 of the Family Code provides that a Family
Home, constituted jointly by the husband and the
wife or an unmarried head of a family, is the
dwelling house where they and their family reside,
Why the need to constitute? and the land on which it is situated.
- Because a Family Home is exempted from
execution, forced sale, attachment, up to
extent of 1M pesos What is Actual Residence?
o Example: Family Home is worth
It is defined in the case of Garcia vs Fule as the
10M personal, actual, physical habitation of a person,
ß Hence, exempted from actual residence or place of abode.
forced, sale, attachment is
1M
ß 9M less obligations and Who are the beneficiaries of a Family Home?
reimbursements, will
A154 of the Family Code provides that the following It depends on when the constitution of the Family
are the beneficiaries of a family home: Home will take or took place.
1. The husband and wife If the constitution took place prior to August 3, 1988,
2. The unmarried person who is the head of a which is the effectivity of the Family Code, then
family there is a need to constitute a family home judicially
3. #1 and #2’s: or extrajudicially as provided for in S1 R106.
a. Parents However, if the constitution took place after the
b. Ascendants effectivity of the Family Code, then there is no need
c. Descendants to constitute the same judicially or extrajudicially,
d. Brothers because A153 of the Family Code provides that a
e. Sisters family home is deemed constituted on a house and
i. Whether the relationship lot from the time it is occupied as a family residence
be legitimate or from the time of its constitution and so long as any
illegitimate of its beneficiaries actually resides therein.
ii. Living upon the Family
Home
iii. Depend upon the head of
the family for legal
support
(D)
DECLARATION OF ABSENCE and PRESUMPTIVE

Can a Family Home be subject of partition? DEATH
Basis:
(Rule 107, provisions of NCC)
A159, Family Code
The Family Home shall continue despite the death of

one or both spouses or of the unmarried head of the Declaration of Absence and Death
family for a period of 10 years or for as long as there
is a minor beneficiary, and the heirs cannot partition 2 years / 5 years
the same unless the court finds compelling reasons
therefor. This rule shall apply regardless of whoever
owns the property or constituted the family home.
Note that what is contemplated is actual, absolute

HENCE, it can be the subject of partition, IF, upon whereabouts is unknown!
the death of one or both spouses or of the
unmarried head of the family, and - Yung naglahong parang bula, hindi yung
sumakabilang bahay
- the 10 year period for the continuation of
the family home lapsed
- or, the minor beneficiary has already come
of age
Declaration of presumptive death for purposes of
- or, there are no more debts left
remarriage is a special proceeding
Jurisdiction / Venue: RTC of last residence of person

presumed dead, without prejudice to reappearance
of the absent spouse
Is there a need to file a petition for declaration of
Family Home?
- The reappearing spouse must file an - or of 5 years in case the absentee has left a
affidavit of reappearance before the court person in charge of the administration of
granting the declaration of presumptive his property,
o the declaration of his absence and
death
appointment of a trustee or
o EFFECTS: administrator may be applied for
nd
ß 2 marriage to be by any of the following:
declared void
nd
ß Children of 2 marriage a. The spouse present
however would remain to
be legitimate b. The heirs instituted in a will, who may
present an authentic copy of the same
c. The relatives who would succeed by the law

When? Who may petition? What to petition? of intestacy
Jurisdiction? Venue?
d. Those who have over the property of the
S1 R107 provides that when absentee some right subordinated to the
condition of his death
1. a person disappears from his domicile
2. his whereabouts being unknown
3. and without having left an agent to
administer his property or S3- Contents of petition
4. the power conferred upon the agent has
The petition for the
expired
- appointment of a representative, or for
An:
- the declaration of absence and the
1. interested party appointment of a trustee or an
2. relative administrator,
3. friend o must show the following:
May petition for the appointment of a person to

represent him provisionally in all that may be
a. The jurisdictional facts
necessary
The petition is to be filed in:
RTC of the place where the deceased last resided

before his disappearance
What are the requirements?
S2- Declaration of absence; who may petition
After
- the lapse of 2 years from his disappearance

and
o without any news about the
absentee or since the receipt of
the last news,
Period for service of copies of the notice of the time

and place fixed for the hearing (R107 S4):
At least 10 days before the day of the hearing, and

published once a week for 3 consecutive weeks prior
to the time designated for the hearing, in a
newspaper of general circulation in the province or
city where the absentee resides, as the court shall
b. The
deem best.
a. names,
b. ages,
c. and residences
i. of the heirs instituted in Period when declaration of absence takes effect
the will, (107 S6):
ii. copy of which shall be
presented, and 6 months after its publication in a newspaper of
iii. of relatives who would general circulation designated by the Court and in
succeed by the law of the Official Gazette.
intestacy
c. The names and residences of creditors and

others who may have adverse interest over Remedy of a person declared absent upon
the property of the absentee reappearance:
1. Open up a trust on property held by third

d. The probable value, location, and character
persons
of the property belonging to the absentee
2. As to status, file an affidavit of
reappearance before the RTC having
jurisdiction over the petition for declaration
What is the purpose for declaration of absence? of absence
1. For proper representation of the absentee

in all his obligations
2. For administration of his property in his Effect of reappearance of absent spouse:
absence
1. Administration of his property by the
appointed administrator in case of his
absence shall cease (R107 S8)
2. The property shall be placed at the disposal
of those who may have a right thereto
What is the period? (R107 S8)
3. As to the marriage, the subsequent
Period to petition for declaration of absence (R107 marriage of the present spouse shall be
S2): declared void, without prejudice to the
status of the children under the subsequent
After: marriage to remain as legitimate, because
of having considered as conceived within a
1. Lapse of 2 years from his disappearance and
valid marriage.
without any news about the absentee or
a. A petition for declaration of nullity
since the receipt of the last news, or
of marriage on this ground has to
2. Of 5 years in case the absentee has left a
be filed to that effect (?)
person in charge of the administration of
the property
As to the property,
1. Administration of his property by the o As amended by resolution of SC

appointed administrator in case of his
absence shall cease (R107 S8)
2. The property shall be placed at the disposal
of those who may have a right thereto What are those subject of appeal?
(R107 S8)
R109 S1
S1- ORDERS OR JUDGMENTS FROM WHICH APPEALS

What is the nature of a petition for declaration of MAY BE TAKEN
presumptive death?
An interested person may appeal in special
IN REM proceedings from an order or judgment rendered by
a RTC or MTC, where such order or judgment:
- an action against a thing and not against a
person, where a decision made shall be
binding not only to the parties thereto but
against the whole world a. allows or disallows a will
o Because: with publication
requirement
o Affects property rights, relations, b. determines who are the lawful heirs of a
status of persons deceased person, or the distributive share
of the estate to which such person is
entitled
Do you consider declaration of presumptive death

as a special proceeding? c. allows or disallows, in whole or in part, any
claim against the estate of a deceased
YES!!!!! R72 S1 provides that a special proceeding is person, or any claim presented in behalf of
a remedy by which a party seeks to establish a the estate to offset to a claim against it
status, a right, or a particular fact. Even though Rule
72 S2 provides for enumerations of special
proceedings, such enumeration is not exclusive. d. settles the account of an executor,
Hence, because declaration of presumptive death is administrator, trustee, or guardian
a remedy by which a party seeks to establish the
particular fact of presumptive death, then it is a
special proceeding even if not within the e. constitutes, in the proceedings relating to
enumeration under S2 R72. the settlement of the estate of a deceased
person, or the administration of a trustee or
guardian, a final determination in the lower
court of the rights of the party appealing,
except that no appeal shall be allowed from
the appointment of a special administrator,
APPEALS IN SPECIAL PROCEEDINGS and
(RULE 109)
f. is the final order or judgment rendered in
30 day record on appeal (Rule 40-41) the case, and affects the substantial rights
of the person appealing, unless it be an
Except: order granting or denying a motion for new
trial or for reconsideration
Habeas Corpus Cases
- 48 hours
DECLARATION OF NULLITY OF MARRIAGE, PROVISIONAL ORDERS:

ANNULMENT OF MARRIAGE, LEGAL SEPARATION
- Spousal support
(AM
- Custody and support of common children
- Visitation rights
Nullity of Marriage- void ab initio including
psychological incapacity, incurable, with
- Administration of ACP/CPG
psychological report)
If under A36, specifically allege psychological - Other matters similar requiring urgent
incapacity in the body of the petition action
Prejudicial Question? - Hold departure order
DEPENDS.
*File together with support order, if respondent,
Dapat, nullity first before criminal case
comment on provisional order for support
Civil and Criminal action
BOTH may claim psychological incapacity (RP vs
Molina), even incapacitated spouse
DEPENDENT PERSONALITY DISORDER: Not necessarily appearing during celebration of

marriage, but appearing after
(Ascueta vs Republic; Teh vs Teh)
- disorder of a person who cannot make

decisions on his own with regard to the SALIENT PROVISIONS:
marriage (dependent upon outside
S2- Petition for declaration of absolute nullity of
interference) void marriages
o (REMEMBER: mga mama’s boys)
a. WHO MAY FILE
A petition for declaration of absolute nullity of void

PRINCIPLE OF ANTI SOCIAL DISORDER: marriage may be filed
- (di ko sure pano i define, basta yung asa - solely by the husband and wife
sulok at ayaw makakita ng tao)
b. WHERE TO FILE
The petition shall be filed
- in the Family Court
c. IMPRESCRIPTIBILITY OF ACTION OR
DEFENSE
An action or defense for the declaration of absolute

nullity of void marriage
- shall not prescribe.

or the parent, guardian, or person having legal

d. WHAT TO ALLEGE charge of the contracting party,
A petition under A36 of the Family Code shall - at any time before such party has reached
the age of 21
- specially allege the complete facts showing
that 2. The sane spouse
o either or both parties were a. who had no knowledge of the
psychologically incapacitated from other’s insanity;
complying with the essential
marital obligations of marriages at or by any relative, guardian, or person
the time of the celebration of the
marriage - having legal charge of the insane,
ß even if such incapacity - at any time before the death of either
becomes manifest only party;
after its celebration.
or by the insane spouse
- during a lucid interval or

The complete facts - after regaining sanity
o provided that the petitioner, after
- should allege the physical manifestations, if coming to reason,
any, ß has not freely cohabited
o as are indicative of psychological with the other as husband
incapacity at the time of the or wife
celebration of the marriage
ß but expert opinion need 3. The injured party
not be alleged. a. whose consent was obtained by
fraud,
i. within 5 years after the
discovery of the fraud,
S3- Petition for annulment of voidable marriages
provided that said party, with full knowledge of the
a. WHO MAY FILE facts constituting the fraud,
The following persons may file a petition for - has not freely cohabited with the other as
annulment of voidable marriage based on any of the husband and wife
grounds under A45 of the Family Code and within
the period herein indicated: 4. The injured party whose consent was
obtained by force, intimidation, or undue
1. The contracting party
influence,
a. whose parent, or guardian, or
a. within 5 years from the time the
person exercising substitute
force, intimidation, or undue
parental authority
influence disappeared or ceased,
i. did not give his or her
b. provided that the force,
consent within 5 years
intimidation, or undue influence
after attaining the age of
having disappeared or ceased,
21
i. said party has not
unless after attaining the age of 21, thereafter freely
cohabited with the other
- such party freely cohabited with the other as husband and wife
as husband and wife;
5. The injured party
a. where the other spouse is b. specify the regime governing their

physically incapable of property relations,
consummating the marriage with c. as well as the properties involved
the other and
b. such incapability continues and If there is no adequate provision in a written
appears to be incurable, agreement between the parties, the petitioner may
i. within 5 years after the
celebration of the - apply for a provisional order for
marriage, and o spousal support,
o the custody and support of
6. The injured party common children,
a. where the other party was afflicted o visitation rights,
with a STD found to be serious and o administration of community or
appears to be incurable, conjugal property, and
i. within 5 years after the o other matters similarly requiring
celebration of the urgent action.
marriage
3. It must be verified and accompanied by a
certification against forum shopping. The
verification and certification
b. WHERE TO FILE a. must be signed personally by the
petitioner.
The petition shall be filed with the Family Court
No petition may be filed solely by counsel or through
an atty-in-fact
S4- Venue If the petitioner is in a foreign country, the
verification and certification against forum shopping
The petition shall be filed in the Family Court of the
province or city - shall be authenticated by the duly
authorized officer of the Philippine embassy
- where the petitioner or the respondent has or legation, consul general, consul or vice
been residing for at least 6 months prior to consul or consular agent in said country.
the date of filing,
- or in the case of a non resident respondent, 4. It shall be filed in 6 copies.
o where he may be found in the
Philippines The petitioner shall serve a copy of the petition on
ß at the election of the
petitioner. - the Office of the Solicitor General and
- the Office of the Provincial or City
Prosecutor,
o within 5 days from the date of its
Requirements of the petition? filing and
o submit to the court proof of such
S5- Contents and form of petition
service within the same period.
1. The petition shall
Failure to comply with any of the preceding
a. allege the complete facts
requirements
constituting the cause of action
- may be a ground for immediate dismissal of
2. It shall the petition.
a. state the names and ages of the
common children of the parties
and
What are the prohibited compromises? b. If the respondent has filed his answer but
fails to appear,
S16- Prohibited Compromise a. the court shall proceed with the
pre trial and
The court shall not allow compromise on prohibited b. require the public prosecutor to
matters, such as the following: investigate the non appearance of
the respondent and
a. Civil status of persons
c. submit within 15 days thereafter a
report to the court stating whether
b. Validity of a marriage or of a legal
his non appearance is due to any
separation
collusion between the parties.
c. Any ground for legal separation If there is no collusion,
d. Future support - the court shall require the public prosecutor
o to intervene for the state during
e. Jurisdiction of courts the trial on the merits
ß to prevent suppression or
f. Future legitime fabrication of evidence
Can you file motion to dismiss? Service of Summons, Rules:
S7- Motion to Dismiss S6- Summons
No motion to dismiss the petition shall be allowed The service of summons shall be governed by Rule
14 of the Rules of Court and by the following rules:
- except on the ground of lack of jurisdiction
o over the subject matter or 1. When the respondent
o over the parties.
- cannot be located at his given address or
Provided, however, that any other ground - his whereabouts are unknown and cannot
be ascertained by diligent inquiry,
- that might warrant a dismissal of the case
o service of summons may, by leave
o may be raised as an affirmative
of court,
defense in an answer.
ß be effected upon him by
publication once a week
for 2 consecutive weeks in
What is the effect of failure to appear at the pre a newspaper of general
trial? circulation in the
Philippines and in such
S13- Effect of failure to appear at the pre trial places as the court may
order.
a. If the petitioner fails to appear personally,
a. the case shall be dismissed, unless In addition, a copy of the summons
i. his counsel or a duly
authorized representative - shall be served on the respondent at his last
appears in court known address by registered mail or
ii. and proves a valid excuse o any other means the court may
for the non appearance of deem sufficient.
the petitioner
2. The summons to be published shall be o within 15 days from notice of the

contained in an order of the court with the denial of the motion for
following data: reconsideration or new trial.
a. Title of the case The appellant shall serve a copy of the notice of
appeal on the adverse parties.
b. Docket number
c. Nature of the petition

BASIS: Fresh period rule as provided in Neypes vs CA
d. Principal grounds for the petition
and the reliefs prayed for
Provisional Orders:
e. A directive for the respondent to
answer within 30 days from the Provisional orders which can be applied (S5 AM 02-
last issue of publication 11-10-SC):
o spousal support,
S8- Answer o the custody and support of

common children,
1. The respondent shall file his answer
a. within 15 days from service of o visitation rights,
summons,
b. or within 30 days from last issue of o administration of community or
publication in case of service of conjugal property, and
summons by publication.
o other matters similarly requiring
The answer must be verified by the respondent
urgent action
himself and not by counsel or attorney in fact.
What else?
Remedies in case of adverse decision:
Rule on Provisional Orders, AM 02-11-12-SC
S20- Appeal
S6- Hold Departure Order
1. PRE CONDITION
No appeal from the decision shall be allowed

PROTECTION ORDERS
- unless the appellant has filed a motion for
reconsideration or new trial AM 02-11-12-SC Rule on Provisional Orders in
o within 15 days from notice of relation to RA 9262 or the Violence against Women
judgment. and Children Act
2. NOTICE OF APPEAL
An aggrieved party or the Solicitor General Who may issue? What are those provisional orders?
- may appeal from the decision by filing a (RA 9262)

Notice of Appeal
SEC. 14. Barangay Protection Orders (BPOs); Who
May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the immediately proceed with the hearing. In case the
Punong Barangay ordering the perpetrator to desist respondent fails to appear despite proper notice, the
from committing acts under Section 5 (a) and (b) of court shall allow ex parte presentation of the
this Act. A Punong Barangay who receives evidence by the applicant and render judgment on
applications for a BPO shall issue the protection the basis of the evidence presented. The court shall
order to the applicant on the date of filing after ex allow the introduction of any history of abusive
parte determination of the basis of the application. If conduct of a respondent even if the same was not
the Punong Barangay is unavailable to act on the directed against the applicant or the person for
application for a BPO, the application shall be acted whom the applicant is made.
upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be The court shall, to the extent possible, conduct the
accompanied by an attestation by the Barangay hearing on the merits of the issuance of a PPO in one
Kagawad that the Punong Barangay was unavailable (1) day. Where the court is unable to conduct the
at the time for the issuance of the BPO. BPOs shall hearing within one (1) day and the TPO issued is due
be effective for fifteen (15) days. Immediately after to expire, the court shall continuously extend or
the issuance of an ex parte BPO, the Punong renew the TPO for a period of thirty (30) days at
Barangay or Barangay Kagawad shall personally each particular time until final judgment is issued.
serve a copy of the same on the respondent, or The extended or renewed TPO may be modified
direct any barangay official to effect is personal
service. by the court as may be necessary or applicable to
address the needs of the applicant.
The parties may be accompanied by a non-lawyer
advocate in any proceeding before the Punong The court may grant any, some or all of the reliefs
Barangay. specified in Section 8 hereof in a PPO. A PPO shall be
effective until revoked by a court upon application of
SEC. 15. Temporary Protection Orders. – Temporary the person in whose favor the order was issued. The
Protection Orders (TPOs) refers to the protection court shall ensure immediate personal service of the
order issued by the court on the date of filing of the PPO on respondent.
application after ex parte determination that such
order should be issued. A court may grant in a TPO The court shall not deny the issuance of protection
any, some or all of the reliefs mentioned in this Act order on the basis of the lapse of time between the
and shall be effective for thirty (30) days. The court act of violence and the filing of the application.
shall schedule a hearing on the issuance of a PPO
prior to or on the date of the expiration of the TPO.
Regardless of the conviction or acquittal of the
The court shall order the immediate personal service
respondent, the Court must determine whether or
of the TPO on the respondent by the court sheriff
not the PPO shall become final. Even in a dismissal, a
who may obtain the assistance of law enforcement
PPO shall be granted as long as there is no clear
agents for the service. The TPO shall include notice
showing that the act from which the order might
of the date of the hearing on the merits of the
arise did not exist.
issuance of a PPO.
SEC. 10. Where to Apply for a Protection Order. –
SEC. 16. Permanent Protection Orders. – Permanent
Applications for BPOs shall follow the rules on venue
Protection Order (PPO) refers to protection order
under Section 409 of the Local Government Code of
issued by the court after notice and hearing.
1991 and its implementing rules and regulations. An
application for a TPO or PPO may be filed in the
Respondents non-appearance despite proper notice, regional trial court, metropolitan trial court,
or his lack of a lawyer, or the non-availability of his municipal trial court, municipal circuit trial court
lawyer shall not be a ground for rescheduling or with territorial jurisdiction over the place of
postponing the hearing on the merits of the issuance residence of the petitioner: Provided, however, That
of a PPO. If the respondents appears without counsel if a family court exists in the place of residence of
on the date of the hearing on the PPO, the court shall
appoint a lawyer for the respondent and
the petitioner, the application shall be filed with that An application for protection order filed with a court
court. shall be considered an application for both a TPO
and PPO.
How applied?
Barangay officials and court personnel shall assist
SEC. 11. How to Apply for a Protection Order. – The applicants in the preparation of the application. Law
application for a protection order must be in writing, enforcement agents shall also extend assistance in
signed and verified under oath by the applicant. It the application for protection orders in cases
may be filed as an independent action or as brought to their attention.
incidental relief in any civil or criminal case the
subject matter or issues thereof partakes of a
violence as described in this Act. A standard
protection order application form, written in English Acts covered by protection orders:
with translation to the major local languages, shall
be made available to facilitate applications for (RA 9262)
protections order, and shall contain, among other,
the following information: SEC. 8. Protection Orders.- A protection order is an
order issued under this act for the purpose of
a. names and addresses of petitioner preventing further acts of violence against a woman
and respondent; or her child specified in Section 5 of this Act and
b. description of relationships granting other necessary relief. The relief granted
between petitioner and under a protection order serve the purpose of
respondent; safeguarding the victim from further harm,
c. a statement of the circumstances minimizing any disruption in the victim’s daily life,
of the abuse; and facilitating the opportunity and ability of the
d. description of the reliefs requested victim to independently regain control over her life.
by petitioner as specified in The provisions of the protection order shall be
Section 8 herein; enforced by law enforcement agencies. The
e. request for counsel and reasons protection orders that may be issued under this Act
for such; are the barangay protection order (BPO), temporary
f. request for waiver of application protection order (TPO) and permanent protection
fees until hearing; and order (PPO). The protection orders that may be
g. an attestation that there is no issued under this Act shall include any, some or all of
pending application for a the following reliefs:
protection order in another court.
a. Prohibition of the respondent from
If the applicants is not the victim, the application threatening to commit or committing,
must be accompanied by an affidavit of the applicant personally or through another, any of the
attesting to (a) the circumstances of the abuse acts mentioned in Section 5 of this Act;
suffered by the victim and (b) the circumstances of b. Prohibition of the respondent from
consent given by the victim for the filling of the harassing, annoying, telephoning,
application. When disclosure of the address of the contacting or otherwise communicating
victim will pose danger to her life, it shall be so with the petitioner, directly or indirectly;
stated in the application. In such a case, the c. Removal and exclusion of the respondent
applicant shall attest that the victim is residing in the from the residence of the petitioner,
municipality or city over which court has territorial regardless of ownership of the residence,
jurisdiction, and shall provide a mailing address for either temporarily for the purpose of
purpose of service processing. protecting the petitioner, or permanently
where no property rights are violated, and if
respondent must remove personal effects
from the residence, the court shall direct a i. Restitution for actual damages caused by
law enforcement agent to accompany the the violence inflicted, including, but not
respondent has gathered his things and limited to, property damage, medical
escort respondent from the residence; expenses, childcare expenses and loss of
d. Directing the respondent to stay away from income;
petitioner and designated family or j. Directing the DSWD or any appropriate
household member at a distance specified agency to provide petitioner may need; and
by the court, and to stay away from the k. Provision of such other forms of relief as
residence, school, place of employment, or the court deems necessary to protect and
any specified place frequented by the provide for the safety of the petitioner and
petitioner and any designated family or any designated family or household
household member; member, provided petitioner and any
e. Directing lawful possession and use by designated family or household member
petitioner of an automobile and other consents to such relief.
essential personal effects, regardless of
ownership, and directing the appropriate Any of the reliefs provided under this section shall
law enforcement officer to accompany the be granted even in the absence of a decree of legal
petitioner to the residence of the parties to separation or annulment or declaration of absolute
ensure that the petitioner is safely restored nullity of marriage.
to the possession of the automobile and
other essential personal effects, or to The issuance of a BPO or the pendency of an
supervise the petitioner’s or respondent’s application for BPO shall not preclude a petitioner
removal of personal belongingness; from applying for, or the court from granting a TPO
f. Granting a temporary or permanent or PPO.
custody of a child/children to the
petitioner;
Directing the respondent to provide support to the

SEC. 5. Acts of Violence Against Women and Their
woman and/or her child if entitled to legal support.
Children.- The crime of violence against women and
Notwithstanding other laws to the contrary, the
their children is committed through any of the
court shall order an appropriate percentage of the
following acts:
income or salary of the respondent to be withheld
regularly by the respondent’s employer for the same
a. Causing physical harm to the
to be automatically remitted directly to the woman.
woman or her child;
Failure to remit and/or withhold or any delay in the
b. Threatening to cause the woman
remittance of support to the woman and/or her child
or her child physical harm;
without justifiable cause shall render the respondent
c. Attempting to cause the woman or
or his employer liable for indirect contempt of court;
her child physical harm;
d. Placing the woman or her child in
h. Prohibition of the respondent from any use
fear of imminent physical harm;
or possession of any firearm or deadly
e. Attempting to compel or
weapon and order him to surrender the
compelling the woman or her child
same to the court for appropriate
to engage in conduct which the
disposition by the court, including
woman or her child has the right to
revocation of license and disqualification to
desist from or desist from conduct
apply for any license to use or possess a
which the woman or her child has
firearm. If the offender is a law
the right to engage in, or
enforcement agent, the court shall order
attempting to restrict or restricting
the offender to surrender his firearm and
the woman’s or her child’s
shall direct the appropriate authority to
freedom of movement or conduct
investigate on the offender and take
by force or threat of force, physical
appropriate action on matter;
or other harm or threat of physical
or other harm, or intimidation include, but not be limited to, the

directed against the woman or following acts:
child. This shall include, but not 1. Stalking or following the
limited to, the following acts woman or her child in
committed with the purpose or public or private places;
effect of controlling or restricting 2. Peering in the window or
the woman’s or her child’s lingering outside the
movement or conduct: residence of the woman
1. Threatening to deprive or or her child;
actually depriving the 3. Entering or remaining in
woman or her child of the dwelling or on the
custody to her/his family; property of the woman or
2. Depriving or threatening her child against her/his
to deprive the woman or will;
her children of financial 4. Destroying the property
support legally due her or and personal
her family, or deliberately belongingness or inflicting
providing the woman’s harm to animals or pets of
children insufficient the woman or her child;
financial support; and
3. Depriving or threatening 5. Engaging in any form of
to deprive the woman or harassment or violence;
her child of a legal right; i. Causing mental or emotional
4. Preventing the woman in anguish, public ridicule or
engaging in any legitimate humiliation to the woman or her
profession, occupation, child, including, but not limited to,
business or activity or repeated verbal and emotional
controlling the victim’s abuse, and denial of financial
own mon4ey or support or custody of minor
properties, or solely children of access to the woman’s
controlling the conjugal or child/children.
common money, or
properties;
f. Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions
or decisions; Effect of being a battered wife in case of the
g. Causing or attempting to cause the children?
woman or her child to engage in
any sexual activity which does not RA 9262, S28
constitute rape, by force or threat
of force, physical harm, or through A victim who is suffering from battered woman
intimidation directed against the syndrome shall not be disqualified from having
woman or her child or her/his custody of her children. In no case shall custody of
immediate family; minor children be given to the perpetrator of a
h. Engaging in purposeful, knowing, woman who is suffering from Battered woman
or reckless conduct, personally or syndrome.
through another, that alarms or
causes substantial emotional or The woman victim of violence shall be entitled to the
psychological distress to the custody and support of her child/children. Children
woman or her child. This shall below seven (7) years old older but with mental or
physical disabilities shall automatically be given to
the mother, with right to support, unless the court

finds compelling reasons to order otherwise.
Any other protection orders? Acts?
(see above)
Venue in case of BPO?
SEC. 14. Barangay Protection Orders (BPOs); Who

May Issue and How. - Barangay Protection Orders
(BPOs) refer to the protection order issued by the
Punong Barangay ordering the perpetrator to desist
from committing acts under Section 5 (a) and (b) of
this Act. A Punong Barangay who receives
applications for a BPO shall issue the protection
order to the applicant on the date of filing after ex
parte determination of the basis of the application. If
the Punong Barangay is unavailable to act on the
application for a BPO, the application shall be acted
upon by any available Barangay Kagawad. If the BPO
is issued by a Barangay Kagawad the order must be
accompanied by an attestation by the Barangay
Kagawad that the Punong Barangay was unavailable
at the time for the issuance of the BPO. BPOs shall
be effective for fifteen (15) days. Immediately after
the issuance of an ex parte BPO, the Punong
Barangay or Barangay Kagawad shall personally
serve a copy of the same on the respondent, or
direct any barangay official to effect is personal
service.
The parties may be accompanied by a non-lawyer

advocate in any proceeding before the Punong
Barangay.

Consolidated Spec Proceedings Notes Final PDF

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Consolidated Spec Proceedings Notes Final PDF

Uploaded by

Copyright:

Available Formats

Special Proceedings and Remedial Law Review notes under Atty Ferdinand Tan

CONSOLIDATED NOTES in SPECIAL PROCEEDINGS

SPECIAL PROCEEDINGS NOTES apply

Special Criminal Ordinary

Judicial Power shall be vested in 1 Supreme Court

The Congress shall have the power to define,

The Supreme Court shall promulgate rules A8 S5

No law shall be passed increasing the appellate

All persons, except those charged with offenses

e. All cases in which only an error or A15 S1

2. rights of children to assistance including

10. Writ of habeas data

What are the special proceedings?

R72 S1- SEGTARHHCVJCDC Why?

EXCLUSIVE?! NO!!! - When there are no applicable provisions in

1. Rule 4- Rules on Venue Jurisdiction

2. Rule 7 S1- Parts of a Pleading What then will be your remedy?

Basis: Rule 72 S2 What is ESTATE?

An estate is an artificial being created by operation

If filed in the court not with jurisdiction, file motion

Jurisdiction (BP129 RA7691): Depends upon the Venue:

ß his will shall be proved, f. Publication in a newspaper of general

Prepare a Draft of Adjudication of Sole Heirship

What is a NEWSPAPER OF GENERAL CIRCULATION?

1. Made within the Court’s Jurisdiction

2. PROBATE or NON PROBATE

Requirements: Remedies of those aggrieved by extrajudicial

- reconveyance based on implied or f. Publication once a week for 3 consecutive

Know all men by these presents:

----------------------------- C. Settlement of Estate of the Deceased of

Property: a. Gross value of estate of the deceased does

Lawyer- 5k Venue- last residence of decedent, or if a non

Liabilities of Distributees of Estate (Rule 74 S4) Nature of Probate Proceedings:

- Real property- A415, NCC b. Imprescriptible

Settlement of Estate of the Deceased

Jurisdiction- depends on the gross value of the

o Includes WILLS- the will itself only

VIII. Prove Due execution of the Will

PROCEDURAL REQUIREMENTS: - The will was executed in compliance with

intended that what he signed is his last will

- 3 witnesses who knows the handwriting

- Testimony niya? a. For including property in inventory

c. Validity of disinheritance effected by or fraudulently destroyed during the

Grounds for disallowance of a will (important:

Rule 76 S9 3. By any person present during execution of

1. Execution and validity of the will by the

instrument to be valid as to registration. If not in a REPROBATE OF A WILL (note: lumalabas to sa bar)

- Will probated abroad is not automatically

Called, ADMINISTRATOR WITH A WILL ANNEXED Requisites:

1. Due execution of the will in accordance

R77 in relation to Rule 39 S48 (Effect of foreign

- Named in the will

What is moral turpitude?

HINDI LAHAT AH!

2. falsification of public documents (in case of opposition on appointment/appointment

NOTE HOWEVER, na above disqualifications apply

Removal of Executor or Administrator, GROUNDS: - preserve the properties

- neglect to render accounts within 1 year

- neglect to settle the estate according to the

- neglect to perform order or judgment of

Other grounds: Is there any instance when executor or

- When provided by testator in his last will

1. delay in appointment of executor or